Arbitrators rejected invocation of police powers doctrine due to lack of due process

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Venezuela’s erratic expropriation procedure breached its own laws, tribunal found

Measures adopted in response to ‘coffee crisis’ in 2002-2009 did not amount to creeping expropriation

Tribunal found no evidence of fraudulent objective that would bar admissibility of claims

Tribunal conceded that clean hands principle may impact admissibility of claims, but set high standard of proof

Longreef’s shareholding in CAFAMA met both BIT’s definition of ‘investment’ and Salini criteria

Tribunal excluded contribution to development of host state as criterion to define investment

Article 25 of the ICSID Convention does not contain an autonomous definition of the term ‘investment’

Incorporation of foreign company for tax reasons does not prove, in itself, an abuse of rights or breach of good faith under the BIT

Tribunal found no exceptional circumstances that warranted piercing the corporate veil

Control by nationals of the host state held irrelevant under the applicable BIT

Sunset clause extends to arbitration agreement

Background: Venezuela expropriated coffee business held by Dutch entity controlled by Venezuelan nationals

CB&I withdraws ICSID claim against Colombia

Mere inability to honor adverse costs award does not meet test for security for costs

CB&I requests stay of ICSID case after ICC award is issued in parallel case

Costs are split equally between the parties

Tribunal finds no promise to freeze incentives levels for 20 years

Tribunal delves into definition of legitimate expectations under ECT’s FET standard

Tribunal finds no useful comparator in non-PV energy producers to assess if Italy’s conduct was discriminatory

Alleged loss of future rights does not amount to retroactive application of the law

Tribunal draws distinction between unreasonable and arbitrary measures under non-impairment requirement

Transparency does not require prior warning of potential future amendments

Italy’s measures were proportional to the public interest pursued

Assessment of stable conditions clause should consider evolution of technologies and costs

Archives