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Jun 30, 2015
Treaty-based ISDS Cases Brought Under Dutch IIAs: an Overview
This study, undertaken at the request of the Dutch Ministry of Foreign Affairs, gives an overview of investor-State dispute settlement (ISDS) cases initiated by Dutch claimants under international investment agreements (IIAs) to which the Netherlands is a party (“Dutch cases”).
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No. | Year of initiation |
Short case name |
Summary | Outcome of original proceedings |
Arbitrators | Decisions |
---|---|---|---|---|---|---|
1 | 2013 | Cervin and Rhone v. Costa Rica |
Investment: Ownership of the Costa Rican company Gas Nacional Zeta S.A. that held gas concession agreements. Summary: Claims arising out of a series of regulatory changes by the Government concerning liquid petroleum gas (LPG) sales, including tariff adjustments and the filling of canisters in which gas is sold, that had an alleged negative impact on claimants' gas distribution business. |
Decided in favour of neither party (liability found but no damages awarded) |
Mourre, A. - President Ramírez Hernández, R. - Claimant Jana Linetzky, A. - Respondent |
Decision on Jurisdiction dated 15 December 2014 Award dated 7 March 2017 |
2 | 2012 | MNSS and RCA v. Montenegro |
Investment: Majority shareholding in a steel production company located in Montenegro. Summary: Claims arising out of alleged Government interference with the operation and management of a steel production facility in which the claimants had invested, leading to its bankruptcy. |
Decided in favour of neither party (liability found but no damages awarded) |
Rigo Sureda, A. - President Gaillard, E. - Claimant Stern, B. - Respondent Schreuer, C. H. - Respondent (replaced) |
Award dated 4 May 2016 Decision on the Request for Supplementary Decision dated 24 October 2016 |
3 | 2012 | Swissbourgh and others v. Lesotho |
Investment: Rights under mining leases entered into with the Government. Summary: Claims arising out of the Government’s conduct in relation to a SADC Tribunal proceeding over the expropriation of the claimants’ mining leases. |
Decided in favour of neither party (liability found but no damages awarded) |
Williams, D. A. R. - President Bishop, D. - Unknown Nienaber, P. M. - Unknown |
Partial Award on Jurisdiction and the Merits dated 18 April 2016 Interpretation Award dated 27 June 2016 |
4 | 2011 | Agility v. Pakistan |
Investment: Ownership of the Pakistan Automated Customs Clearance System software introduced by the Government at Pakistan's Karachi International Container Terminal and later extended to other ports and airports in the country. Summary: Claims arising out of outstanding payments from the Government concerning claimant's automated customs clearing system to assess duties on imports passing through Pakistani ports. |
Decided in favour of neither party (liability found but no damages awarded) |
Fortier, L. Y. - President Brower, C. N. - Claimant Moollan, S. - Respondent |
Decision on jurisdiction dated 27 February 2013 Award dated 1 August 2016 |
5 | 2011 | Al Warraq v. Indonesia |
Investment: Indirect ownership of capital in Bank Century through a wholly-owned company (FGAH First Gulf Asia Holdings) and through claimant's personal shareholding through another company (ABN Amro). Summary: Claims arising out of the Government's bailout of a bank in which the claimant had allegedly invested, followed by criminal investigations and the subsequent prosecution of Mr. Al-Warraq for fraudulent activities in the Indonesian financial sector. |
Decided in favour of neither party (liability found but no damages awarded) |
Cremades, B. M. - President Hwang, M. - Claimant Nariman, F. S. - Respondent |
Award on Respondent's Preliminary Objections to Jurisdiction and Admissibility of the Claims dated 21 June 2012 Final Award dated 15 December 2014 |
6 | 2010 | AES v. Kazakhstan |
Investment: Ownership of a number of power facilities and trading companies that held rights under long-term concessions concluded with the Government. Summary: Claims arising out of a series of actions including fines and tariff restrictions imposed to claimants by Kazakh competition authorities concerning energy prices that allegedly had adverse financial impacts on the company’s operations in the country. |
Decided in favour of neither party (liability found but no damages awarded) |
Tercier, P. - President Born, G. B. - President (replaced) Sachs, K. - Claimant Lowe, V. - Respondent |
Award dated 1 November 2013 |
7 | 2010 | Bosca v. Lithuania |
Investment: Know-how by way of providing services to wine producing company in Lithuania; "making of contract" rights as winner of a public tender for the acquisition of a sparkling wines manufacturing company. Summary: Claims arising out of the Government's annulment of claimant's successful bid for the company AB Alita, a Lithuanian alcoholic beverage producer. |
Decided in favour of neither party (liability found but no damages awarded) |
Lalonde, M. - President Price, D. M. - Claimant Stern, B. - Respondent |
Award dated 17 May 2013 |
8 | 2008 | Al-Bahloul v. Tajikistan |
Investment: Rights under four hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan. Summary: Claims arising out of the Government's alleged failure to ensure the issuance of licenses pursuant to several hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan's State Committee for Oil and Gas for four areas (Rengan, Sargazon, Yalgyzkak and East Soupetau) in Tajikistan. |
Decided in favour of neither party (liability found but no damages awarded) |
Hertzfeld, J. M. - President Happ, R. - Claimant Zykin, I. S. - Respondent |
Partial Award on Jurisdiction and Liability dated 2 September 2009 Final Award dated 8 June 2010 |
9 | 2007 | Urbaser and CABB v. Argentina |
Investment: Direct and indirect minority shareholding in an Argentinean vehicle company that held a concession for the provision of a drinking water supply and sewerage services in Buenos Aires. Summary: Claims arising out of Argentina's alleged interference with the tariff regime applicable to claimant's investment and other alleged breaches of obligations under the relevant concession agreement through the enactment of emergency measures during its 2001-2002 economic crisis. |
Decided in favour of neither party (liability found but no damages awarded) |
Bucher, A. - President Martínez-Fraga, P. J. - Claimant McLachlan, C. A. - Respondent Brownlie, I. - Respondent (replaced) |
Decision on Jurisdiction dated 19 December 2012 Award dated 8 December 2016 |
10 | 2006 | Nordzucker v. Poland |
Investment: Intended acquisition of two sugar production plants in Poland, including the payment of a guarantee deposited with certain sugar holding companies in its capacity of bidder for the companies' shares. Summary: Claims arising out of the Government's implementation of a privatization programme for its sugar industry and its alleged retraction from selling Nordzucker two state-owned sugar producers (including a total of five production plants), which would have increased the claimant's total market-share to 20 per cent of Poland's sugar industry. |
Decided in favour of neither party (liability found but no damages awarded) |
van Houtte, H. - President Bucher, A. - Claimant Tomaszewski, M. - Respondent |
Partial Award (Jurisdiction) dated 10 December 2008 Second Partial Award (Merits) dated 28 January 2009 Third Partial and Final Award (Damages and Costs) dated 23 November 2009 |
11 | 2006 | Rompetrol v. Romania |
Investment: Controlling shareholding in Rompetrol Rafinare S.A., a privatised Romanian company which owned and operated an oil refinery and petrochemical complex. Summary: Claims arising out of investigations undertaken by Romanian anti-corruption and criminal prosecution authorities relating to the privatisation of an oil refinery company, shortly after the sale of the controlling shares to the claimant, allegedly including the arrest, detention, travel-ban and wire-tapping of key company's executives. |
Decided in favour of neither party (liability found but no damages awarded) |
Berman, F. - President Donovan, D. - Claimant Lalonde, M. - Respondent |
Decision on Respondent’s Preliminary Objections on Jurisdiction and Admissibility dated 18 April 2008 Award dated 6 May 2013 |
12 | 2005 | Biwater v. Tanzania |
Investment: Controlling interest in local investment vehicle company that had concluded certain agreements with a Tanzanian public corporation, the Dar es Salaam Water and Sewerage Authority, to implement a water and sewerage infrastructure project. Summary: Claims arising out of contractual disputes between claimant's locally-incorporated company and Tanzania's Water and Sewerage Authority, followed by a series of events that allegedly led to the deportation of the investor's senior management, as well as the seizure of its assets and takeover of its business. |
Decided in favour of neither party (liability found but no damages awarded) |
Hanotiau, B. - President Born, G. B. - Claimant Landau, T. - Respondent |
Award dated 24 July 2008 |
13 | 1999 | Lauder v. Czech Republic |
Investment: Shareholding in local broadcasting enterprise. Summary: Claims arising out of the conduct of the Czech Media Council towards the broadcasting enterprise partly owned by the foreign investor. |
Decided in favour of neither party (liability found but no damages awarded) |
Briner, R. - President Cutler, L. N. - Claimant Klein, B. - Respondent |
Award dated 3 September 2001 |