ISDS Case Map
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The State Department requested the $15 billion case be thrown out on jurisdictional grounds, as President Joe Biden revoked the permit for the pipeline on his first day in office, long after the US-Mexico Canada Agreement was in effect.
This briefing highlights the role the Energy Charter Treaty (ECT) has played in the German coal phase-out. It reveals that the ECT has influenced the coal phase-out in two important ways.
Bangladesh as a capital importing country must tailor the four core provisions of BITs namely – fair and equitable treatment; expropriation; non-precluded measures; and monetary transfer provisions to safeguard its regulatory power as host state.
Individuals who have not spent their careers within the field of investment arbitration (and are perceived as ‘outsiders’ by those within that field) have developed more disruptive reform proposals while arbitral insiders have typically proposed sustaining reforms.
The tribunal rejected Bolivia’s objection on jurisdiction and, on the merits, found that Bolivia had breached the FET standard and the prohibition to adopt arbitrary measures. BBVA was awarded USD 94.8 million in damages.
The claimants alleged that Spain had induced foreign investment in renewable energy sources, and then subsequent changes to the regulatory scheme had fundamentally altered and abolished the framework.
In a settlement agreement, Guatemala agreed to pay approximately US$46 million to Teco Holdings LLC, in order to conclude the investment arbitration that the company filed against Guatemala in November 2010.
Turkish businessman Hamdi Akın İpek has lost a legal claim of $7 billion in damages he filed against the Turkish government at the World Bank’s International Centre for Settlement of Investment Disputes .
Governments that revoke licenses and permits or take other measures to restrict the development of oil and gas in their territory will face claims from investors for compensation.
