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.
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.
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.
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 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.
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 used the investment agreement between the Netherlands and Nigeria to obtain a lucrative oil field at remarkably good conditions.
Claimants failed to seek an annulment of the 12 October 2018 award, which dismissed the totality of claimants’ claims against the Republic of Panama.
As released by the Government of the 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.
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 revised Dutch model BIT seems a missed opportunity to achieve a better balance between the rights and obligations of foreign investors.
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.
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 Netherlands has released a new draft investment treaty for public comment.
India may not accept international arbitration orders annulling tax demands on British firms Vodafone Plc and Cairn Energy.
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.
As released by the Dutch Government
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.
CJEU’s decision in Slovakia v Achmea finally bringing justice to the most recent members of the EU.