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Netherlands


Netherlands faces ISDS threat after decision to ban coal-based power generation by 2030
German company Uniper has threatened to bring an ISDS case against the Dutch government after a decision to ban coal-based power generation by 2030.
AS Tallinna Vesi and United Utilities (Tallinn) B.V. v. Republic of Estonia
Squire Patton Boggs has successfully defended the Republic of Estonia against a US$100 million investment treaty claim brought by Estonian water provider AS Tallinna Vesi and its Dutch shareholder United Utilities.
Arbitration overrules Tallinna Vesi tariff complaint, must pay costs
Tallinn water utility Tallinna Vesi has seen its claim against the Estonian state overruled by the International Centre for the Settlement of Investment Dispute (ICSID), and has been ordered to pay costs likely to be in excess of half a million euros.
New Dutch model BIT: negotiations to commence soon
The Dutch government has obtained the authorisation required to start renegotiations with eight non-EU countries on its new model bilateral investment treaty and conclude new BITs with two others.
Ecuador and the Netherlands consolidate their commercial relationship
Ecuador and the Netherlands have signed a joint declaration to promote a new bilateral investment agreement that will replace the one that is currently in force and that expires in 2021.
End of Tanzania, Netherlands pact nears
The preferential protection of bilateral investments between Tanzania and the Netherlands is likely to cease next month but the protection for investments made before the date of termination continues to apply for a period of 15 years (until 1 April 2034).
Shell put Nigeria under pressure with ISDS process to obtain oil field OPL 245
Shell used the investment agreement between the Netherlands and Nigeria to obtain a lucrative oil field at remarkably good conditions.
Precedent-setting ICSID arbitration award in favor of the Republic of Panama now final and binding
Claimants failed to seek an annulment of the 12 October 2018 award, which dismissed the totality of claimants’ claims against the Republic of Panama.
Netherlands model investment agreement (Oct 2018)
As released by the Government of the Netherlands
Tanzania ends investment treaty with Netherlands
Tanzania has terminated its Bilateral Investment Agreement with the Netherlands that East African and Dutch civil society had said was biased against the country.
Review Tanzania, The Netherlands investment agreement, CSO says
Tanzania is urged to review the 15 years Bilateral Investment Treaty (BIT) with the Kingdom of Netherlands expires in April 2019 before it reckons itself for another 10 years.
The 2018 draft Dutch model BIT: A critical assessment
The revised Dutch model BIT seems a missed opportunity to achieve a better balance between the rights and obligations of foreign investors.
Dar faces legal suit at international tribunals over tax, investment policies
Civil society organisations are pushing for a review of the BIT between Tanzania and The Netherlands which they say does not serve the best interests of Tanzania.
NGO’s send letter to Minister Kaag to call for termination of BIT with Burkina Faso
Both ENDS sent a letter, signed by various civil society organisations, to the Dutch Minister of Aid & Trade to urge her to terminate the Bilateral Investment Treaty (BIT) that exists between the Netherlands and Burkina Faso.
The new draft Dutch BIT: what does it mean for investor mailbox companies?
The Netherlands has released a new draft investment treaty for public comment.
India may not accept arbitration orders annulling Cairn, Vodafone tax demands
India may not accept international arbitration orders annulling tax demands on British firms Vodafone Plc and Cairn Energy.
Arbitration panel to hear Vodafone challenge to Rs 22,100 crore tax in February 2019
The tribunal, headed by Sir Franklin Berman, will hear the government’s objection to tax matters being covered under the Netherlands-India Bilateral Investment Treaty.
Netherlands draft model BIT (May 2018)
As released by the Dutch Government
The CJEU ruling in Achmea: death sentence for autonomous investment protection tribunals
My prediction for CETA and TTIP is that an opinion would be a death sentence for the investment protection provisions, since they are capable of being applied to various aspects of EU law.
The CJEU in Slovakia v Achmea or is justice best served cold?
CJEU’s decision in Slovakia v Achmea finally bringing justice to the most recent members of the EU.