Russia Final Awards note that Article 13 of the ECT could be violated through a bona fide taxation measure that was aimed at raising State revenue whose effect was expropriatory
and Canadian governments demanded such constraints when negotiating Chapter 11, given their suspicion of Mexico's expropriatory
The EnCana tribunal took a different approach when it evaluated whether the SRI Resolutions were expropriatory
measures of EnCana's investments.
At the same time, the possibility of a change in regime in favor of the workers' party interests implies a risk of expropriatory
taxes on capital: this political risk leads to capital flight.
Forced project relocation reimburses the insured for extraordinary expenses incurred, up to 50% of the limit of liability for expropriatory
conduct, when an insured is forced to reestablish a foreign enterprise outside the host country.
18, 2015) ("[A]s a matter of general international law, a non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not deemed to be expropriatory
For a short discussion of expropriatory
taxation, see Amo E.
announced on its website that it formally commenced an international arbitration action against the Government of Kyrgyzstan "for its expropriatory
and unlawful treatment of the Company in relation to the Kutessay II rare earth project.
The action will now progress to the phase in which the panel will rule as to the merits of the arbitral claims and the amount of damages suffered by Khan arising from the Mongolian Government s expropriatory
and unlawful treatment of Khan in relation to the Dornod uranium deposit located in northeastern Mongolia.
4, [paragraph] 7 ("But as a matter of general international law, a non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not deemed expropriatory
and compensable unless specific commitments had been given by the regulating government to the then putative foreign investor contemplating investment that the government would refrain from such regulation.
Argentina BIT provides: "[c]ompensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriatory
The common point of each formulation is that governmental measures will either not be expropriatory
, or will not require compensation is they are expropriatory
, if they fall within the implementing State's police powers as defined.
Belgium, the Tecmed tribunal further developed the applicable rule on regulatory expropriation by pointing out that "[t]here must be a reasonable relationship of proportionality between the charge or weight imposed to the foreign investor and the aim sought to be realized by any expropriatory
by a government, could have an expropriatory
act requiring compensation, on the other.