1 |
2023
|
Highbury and others v. Venezuela (III)
|
Highbury International AVV, Compañía Minera de Bajo Caroní AVV, and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (III) (ICSID Case No. ARB/23/27)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Venezuela, Bolivarian Republic of |
Netherlands |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
2 |
2022
|
AAFC and Ethiopian Capital v. Ethiopia
|
African Asset Finance Company Holdings B.V. and Ethiopian Capital Goods Finance S.C. v. Federal Democratic Republic of Ethiopia (PCA Case No. 2023-61)
|
Ethiopia - Netherlands BIT (2003) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Pending
|
Ethiopia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Reed, L. - President
Gearing, M. - Claimant
Murphy, S. D. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
3 |
2022
|
Astronergy v. Bulgaria
|
Astronergy Solar Netherlands B.V. v. Republic of Bulgaria (ICSID Case No. ARB/22/32)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investments in photovoltaic power plants through Astronergy Solar Bulgaria Ltd.
Summary: |
Investments in photovoltaic power plants through Astronergy Solar Bulgaria Ltd. |
Discontinued
|
Bulgaria |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Data not available |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 56 dated 18 August 2023 |
None |
None |
None |
None |
None |
None |
4 |
2022
|
Consolidated Water v. Mexico
|
Consolidated Water Coöperatief, U.A. v. United Mexican States (ICSID Case No. ARB/22/6)
|
Mexico - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Investments through local subsidiaries, N.S.C. Agua, S.A. de C.V. and Aguas de Rosarito, S.A.P.I. de C.V., in a seawater desalination plant project in Playas de Rosarito, Mexico.
Summary: Claims arising out of Mexican state entities’ termination of a public-private partnership agreement with the claimant’s subsidiary, Aguas de Rosarito, related to the development of a seawater desalination plant. |
Investments through local subsidiaries, N.S.C. Agua, S.A. de C.V. and Aguas de Rosarito, S.A.P.I. de C.V., in a seawater desalination plant project in Playas de Rosarito, Mexico. |
Pending
|
Mexico |
Netherlands |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
36 - Water collection, treatment and supply |
Data not available |
57.60 mln USD
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
5 |
2022
|
Fábrica de Vidrio v. Venezuela (II)
|
Fábrica de Vidrio Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (II) (ICSID Case No. ARB(AF)/22/3)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID AF |
ICSID |
Investment: Investments in a glass production enterprise.
Summary: |
Investments in a glass production enterprise. |
Pending
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
23 - Manufacture of other non-metallic mineral products |
Heiskanen, V. - President
Schill, S. - Claimant
Kohen, M. G. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
6 |
2022
|
Nacato and others v. Venezuela
|
Nacato N.V., Nacama N.V., Racana N.V. and Pimento N.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/22/6)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID AF |
ICSID |
Investment: Investments in Multinacional de Seguros, C.A., a local insurance company.
Summary: Claims arising out of the Government’s 2020 resolution placing the claimants’ insurance company Multinacional de Seguros under special administration. |
Investments in Multinacional de Seguros, C.A., a local insurance company. |
Pending
|
Venezuela, Bolivarian Republic of |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Name not available - President
Drymer, S. L. - Claimant
Name not available - Respondent |
350.00 mln USD
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
7 |
2022
|
Plaza Centers v. Romania
|
Plaza Centers N.V. v. Romania (ICSID Case No. ARB/22/15)
|
Netherlands - Romania BIT (1994) |
ICSID |
ICSID |
Investment: Investments in a shopping and entertainment center project in Bucharest, known as the "Casa Radio" and “Dambovita center” project.
Summary: |
Investments in a shopping and entertainment center project in Bucharest, known as the "Casa Radio" and “Dambovita center” project. |
Pending
|
Romania |
Netherlands |
Tertiary: F - Construction |
41 - Construction of buildings |
Weiler, T. - Claimant
Mayer, P. - Respondent
Collins, L. - President |
262.20 mln EUR (273.10 mln USD)
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
8 |
2021
|
Alamos Gold v. Turkey
|
Alamos Gold Holdings Coöperatief U.A. and Alamos Gold Holdings B.V. v. Republic of Turkey (ICSID Case No. ARB/21/33)
|
Netherlands - Turkey BIT (1986) |
ICSID |
ICSID |
Investment: Investments in the Kirazlı gold mine project in the Çanakkale province in Turkey.
Summary: Claims arising out of the Government’s alleged non-renewal of the claimants’ mining licences and related permits for the Kirazlı gold mine development project, resulting in the suspension of construction activities on the Kirazlı project. |
Investments in the Kirazlı gold mine project in the Çanakkale province in Turkey. |
Pending
|
Türkiye |
Netherlands |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Rowley, J. W. - Claimant
Douglas, Z. - Respondent
Glick, I. - President |
1000.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
9 |
2021
|
Modus Energy v. Ukraine
|
Modus Energy International B.V. v. Ukraine
|
The Energy Charter Treaty (1994) |
SCC |
SCC |
Investment: Ownership of three solar parks (Bolokhivsky Solar Park 1 LLC, Bolokhivsky Solar Park 2, Solar Zalukva LLC).
Summary: Claims arising out of the Government’s reduction of feed-in tariffs for solar power. |
Ownership of three solar parks (Bolokhivsky Solar Park 1 LLC, Bolokhivsky Solar Park 2, Solar Zalukva LLC). |
Pending
|
Ukraine |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Data not available |
11.50 mln EUR (13.90 mln USD)
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
10 |
2021
|
Quanta v. Peru
|
Quanta Services Netherlands B.V. v. Republic of Peru (ICSID Case No. ARB/21/1)
|
Netherlands - Peru BIT (1994) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Peru |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Kalicki, J. E. - President
Eljuri, E. - Claimant
Pinto, M. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
11 |
2021
|
Shell v. Nigeria (II)
|
Shell Petroleum N.V. and The Shell Petroleum Development Company of Nigeria Limited v. Federal Republic of Nigeria (II) (ICSID Case No. ARB/21/7)
|
Netherlands - Nigeria BIT (1992) |
ICSID |
ICSID |
Investment:
Summary: |
|
Discontinued
|
Nigeria |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Abdel Wahab, M. S. - President
Kaplan, N. - Claimant
Banifatemi, Y. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 13 October 2022 |
None |
None |
None |
None |
None |
None |
12 |
2021
|
United Group and others v. Serbia
|
United Group B.V., Adria Serbia Holdco B.V., and Serbia Broadband–srpske kablovske mreže d.o.o. Beograd v. Republic of Serbia (ICSID Case No. ARB/21/5)
|
Netherlands - Serbia BIT (2002) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Serbia |
Netherlands |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
Fernández-Armesto, J. - President
Alexandrov, S. A. - Claimant
Vinuesa, R. E. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
13 |
2020
|
Adria Group v. Croatia
|
Adria Group B.V. and Adria Group Holding B.V. v. Republic of Croatia (ICSID Case No. ARB/20/6)
|
Croatia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Direct and indirect ownership (95.5 per cent) of Agrokor Group, a food and retail conglomerate.
Summary: Claims arising out of the Government’s takeover and restructuring in the form of a “extraordinary administration” of Agrokor Group, owned by claimants. According to the claimants, they were coerced into transferring control over Agrokor to the State and illegally deprived of their investment based on false grounds. |
Direct and indirect ownership (95.5 per cent) of Agrokor Group, a food and retail conglomerate. |
Pending
|
Croatia |
Netherlands |
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles |
47 - Retail trade, except of motor vehicles and motorcycles |
Poncet, C. - Claimant
Thomas, J. C. - Respondent
Greenwood, C. - President |
Data not available
|
Data not available
|
Data not available |
Pending |
Decision on Intra-EU Jurisdictional Objection dated 31 October 2023 |
None |
None |
None |
None |
None |
None |
14 |
2020
|
Akfel and I-Systems v. Turkey
|
Akfel Commodities Pte. Ltd. and I-Systems Global B.V. v. Republic of Turkey (ICSID Case No. ARB/20/36)
|
Netherlands - Turkey BIT (1986)
Singapore - Turkey BIT (2008) |
ICSID |
ICSID |
Investment: Investments in Akfel Group, a gas and power company, through a shareholding of 100% in Akfel Holding and of 50% in Akpol and ISystems Global B.V. (I-Systems Global), a company incorporated in Holland.
Summary: |
Investments in Akfel Group, a gas and power company, through a shareholding of 100% in Akfel Holding and of 50% in Akpol and ISystems Global B.V. (I-Systems Global), a company incorporated in Holland. |
Pending
|
Türkiye |
Netherlands
Singapore |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Garibaldi, O. M. - Claimant
Stern, B. - Respondent
Reinisch, A. - President |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
15 |
2020
|
Arka Energy v. Albania
|
Arka Energy B.V. v. Republic of Albania (ICSID Case No. ARB/20/54)
|
Albania - Netherlands BIT (1994) |
ICSID |
ICSID |
Investment: Investments in a photovoltaic project through local subsidiary Arkeni Solar sh.p.k.
Summary: Claims arising out of the Government’s actions related to the Akerni photovoltaic park, a construction project that a consortium involving the claimant’s subsidiary had won through a 2018 international tender process conducted by the Ministry of Infrastructure and Energy. |
Investments in a photovoltaic project through local subsidiary Arkeni Solar sh.p.k. |
Discontinued
|
Albania |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Beechey, J. - President
Rowley, J. W. - Claimant
Thomas, J. C. - Respondent |
110.00 mln EUR (130.50 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) dated 20 July 2022 |
None |
None |
None |
None |
None |
None |
16 |
2020
|
Eni and others v. Nigeria
|
Eni International B.V., Eni Oil Holdings B.V. and Nigerian Agip Exploration Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/20/41)
|
Netherlands - Nigeria BIT (1992) |
ICSID |
ICSID |
Investment: Rights under an oil prospecting licence conferring exploration rights to a deep-water block located off the coast of Nigeria.
Summary: Claims arising out of the Government’s alleged refusal to convert the claimants’ oil prospecting licence, OPL 245, into an oil mining licence on the grounds that the OPL 245 purchase by the claimants in 2011 was the product of corruption. |
Rights under an oil prospecting licence conferring exploration rights to a deep-water block located off the coast of Nigeria. |
Pending
|
Nigeria |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Alexandrov, S. A. - Claimant (replaced)
Hossain, K. - Respondent (replaced)
Lévy, L. - President
Rowley, J. W. - Claimant
Douglas, Z. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
17 |
2020
|
LC Corp v. Poland
|
LC Corp B.V. v. Republic of Poland
|
Netherlands - Poland BIT (1992) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Pending
|
Poland |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
18 |
2020
|
Meijer v. Georgia
|
Bob Meijer v. Georgia (ICSID Case No. ARB/20/28)
|
Georgia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Investments in the Anaklia Development Consortium, holding rights in the Anaklia Port Project under a concession contract.
Summary: Claims arising out of the Government’s termination of an agreement with the Anaklia Development Consortium to develop a deep water port on the Black Sea in Georgia (the Anaklia Port Project) in which the claimant had invested; the termination was allegedly preceded by a Government campaign to undermine the port project. |
Investments in the Anaklia Development Consortium, holding rights in the Anaklia Port Project under a concession contract. |
Pending
|
Georgia |
Netherlands |
Tertiary: F - Construction |
42 - Civil engineering |
Hanotiau, B. - President
Poncet, C. - Claimant
Sachs, K. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
19 |
2020
|
Rabobank v. Mexico
|
Coöperatieve Rabobank U.A. v. United Mexican States (ICSID Case No. ARB/20/23)
|
Mexico - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Loans to Oceanografía, S.A. de C.V. to finance the purchase of nine vessels for maritime transport services.
Summary: Claims arising out of the Government’s seizure of maritime shipping company Oceanografía and other measures, which allegedly resulted in the company’s bankruptcy and the loss of the claimant’s investment in Oceanografía undertaken through loans for the purchase of vessels. |
Loans to Oceanografía, S.A. de C.V. to finance the purchase of nine vessels for maritime transport services. |
Discontinued
|
Mexico |
Netherlands |
Tertiary: H - Transportation and storage |
50 - Water transport |
Tribunal not constituted |
230.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Most-favoured nation treatment
Indirect expropriation |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 dated 11 January 2022 |
None |
None |
None |
None |
None |
None |
20 |
2020
|
SMM Cerro v. Peru
|
SMM Cerro Verde Netherlands B.V. v. Republic of Peru (ICSID Case No. ARB/20/14)
|
Netherlands - Peru BIT (1994) |
ICSID |
ICSID |
Investment: Shareholding of 21 per cent in Sociedad Minera Cerro Verde S.A.A. with a mining concession for a copper deposit southwest of Arequipa.
Summary: Claims arising out of the national tax authority’s mining royalty assessments on ore processed by Cerro Verde, related penalties and interest charged on Cerro Verde. |
Shareholding of 21 per cent in Sociedad Minera Cerro Verde S.A.A. with a mining concession for a copper deposit southwest of Arequipa. |
Pending
|
Peru |
Netherlands |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
von Wobeser, C. - Respondent
Garibaldi, O. M. - Claimant
Blanch, J. - President |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
21 |
2019
|
Dream House and others v. Egypt
|
Robert Rogers, Ronald Rogers and Dream House v. Arab Republic of Egypt (PCA Case No. 2019-27)
|
Egypt - Netherlands BIT (1996) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Decided in favour of State
|
Egypt |
Netherlands |
Data not available |
Data not available |
Data not available |
1.90 mln USD
|
Data not available
|
Data not available |
Data not available |
Award dated 16 March 2021 |
None |
None |
None |
None |
None |
None |
22 |
2019
|
Nationale-Nederlanden Holdinvest and others v. Argentina
|
Nationale-Nederlanden Holdinvest B.V., Nationale-Nederlanden Intertrust B.V., NN Insurance International B.V., Orígenes AFJP S.A. (en liquidación) v. Argentine Republic (ICSID Case No. ARB/19/11)
|
Argentina - Netherlands BIT (1992) |
ICSID |
ICSID |
Investment: Shareholding in Orígenes AFJP S.A., an Argentinian private pension fund.
Summary: Claims arising out of the Government’s nationalization of the country’s private pension system in 2008, and the seizure of assets held by Orígenes, which subsequently entered into liquidation. |
Shareholding in Orígenes AFJP S.A., an Argentinian private pension fund. |
Pending
|
Argentina |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Radicati di Brozolo, L. - Claimant
Boisson de Chazournes, L. - Respondent
Unterhalter, D. - President |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
23 |
2019
|
Saab v. Tanzania
|
Ayoub-Farid Michel Saab v. United Republic of Tanzania (ICSID Case No. ARB/19/8)
|
Netherlands - United Republic of Tanzania BIT (2001) |
ICSID |
ICSID |
Investment: Ownership of FBME Bank Limited, a commercial bank registered in Tanzania.
Summary: |
Ownership of FBME Bank Limited, a commercial bank registered in Tanzania. |
Discontinued
|
Tanzania, United Republic of |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Angelet, N. - President
de Nanteuil, A. - Claimant
Niyungeko, G. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) dated 24 June 2021 |
None |
None |
None |
None |
None |
None |
24 |
2019
|
Williams Companies and others v. Venezuela (II)
|
The Williams Companies International Holdings B.V., WilPro Energy Services (El Furrial) Limited and WilPro Energy Services (Pigap II) Limited v. Bolivarian Republic of Venezuela (II) (ICSID Case No. ARB(AF)/19/3)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID AF |
ICSID |
Investment: Rights under long term agreements for gas supply in Venezuela; ownership and operation of gas compression and injection plants.
Summary: Claims arising out of Venezuela’s alleged failure to comply with a 2012 settlement agreement of an earlier dispute with the claimants. The earlier dispute, discontinued in 2017, concerned the termination of claimants’ long-term contract with the national oil company PDVSA for gas compression and injection and gas supply in Venezuela, followed by the seizure of their assets under a nationalization decree. |
Rights under long term agreements for gas supply in Venezuela; ownership and operation of gas compression and injection plants. |
Pending
|
Venezuela, Bolivarian Republic of |
Netherlands |
Primary: B - Mining and quarrying
Tertiary: D - Electricity, gas, steam and air conditioning supply |
6 - Extraction of crude petroleum and natural gas
35 - Electricity, gas, steam and air conditioning supply |
Abdel Wahab, M. S. - President
Shin, H.-T. - Claimant
Galindo, A. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
25 |
2018
|
Delta Belarus v. Belarus
|
Delta Belarus Holding BV v. Republic of Belarus (ICSID Case No. ARB/18/9)
|
Belarus - Netherlands BIT (1995) |
ICSID |
ICSID |
Investment: Majority shareholding in JSC Delta Bank, a locally-incorporated financial institution.
Summary: Claims arising out of the revocation by the Central Bank of Belarus of Delta Bank’s operating licence, on the grounds that the bank was no longer meeting its obligations to depositors and creditors. |
Majority shareholding in JSC Delta Bank, a locally-incorporated financial institution. |
Discontinued
|
Belarus |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Cremades, B. M. - President
Dohmann, B. - Claimant
Peter, W. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order for the discontinuance of the proceeding for lack of payment of the required advances dated 3 June 2022 |
None |
None |
None |
None |
None |
None |
26 |
2018
|
Kimberly-Clark v. Venezuela
|
Kimberly-Clark BVBA, Kimberly-Clark Dutch Holdings, B.V., Kimberly-Clark S.L.U. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/3)
|
BLEU (Belgium-Luxembourg Economic Union) - Venezuela, Bolivarian Republic of BIT (1998)
Spain - Venezuela, Bolivarian Republic of BIT (1995)
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID AF |
ICSID |
Investment: Ownership of Kimberly-Clark Venezuela, S.C.A., a locally-incorporated company that operated a production plant of personal care products.
Summary: Claims arising out of the Government’s seizure of the claimants’ factory, following the claimants’ decision to suspend business operations in Venezuela. |
Ownership of Kimberly-Clark Venezuela, S.C.A., a locally-incorporated company that operated a production plant of personal care products. |
Decided in favour of State
|
Venezuela, Bolivarian Republic of |
Belgium
Netherlands
Spain |
Secondary: C - Manufacturing |
17 - Manufacture of paper and paper products |
Schill, S. - President (replaced)
Haigh, D. - Claimant
Stern, B. - Respondent
Kaufmann-Kohler, G. - President |
Data not available
|
Data not available
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
None - jurisdiction declined |
Award dated 5 November 2021 (English)
Award dated 5 November 2021 (Spanish) |
None |
None |
None |
None |
None |
None |
27 |
2018
|
LSG Building Solutions and others v. Romania
|
Anina Pro Invest Ltd, Core Value Capital GmbH, Core Value Investments GmbH & Co KG Gamma and others v. Romania (ICSID Case No. ARB/18/19)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Interest in a photovoltaic power plant located in Romania’s Giurgiu region.
Summary: Claims arising out of certain changes to Romania’s incentive scheme for investments in the renewable energy sector. |
Interest in a photovoltaic power plant located in Romania’s Giurgiu region. |
Pending
|
Romania |
Austria
Cyprus
Germany
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Fernández-Armesto, J. - President
Johnson, O. T. - Claimant
Dupuy, P.-M. - Respondent |
250.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Other |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Other |
Decision on Jurisdiction, Liability and Principles of Reparation dated 11 July 2022 |
Dissenting Opinion of O. Thomas Johnson |
None |
None |
None |
None |
None |
28 |
2018
|
Smurfit Holding B.V. v. Venezuela
|
Smurfit Holding B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/18/49)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Ownership of local subsidiary Smurfit Kappa Carton de Venezuela, a paper and packaging manufacturer.
Summary: Claims arising out of the Government’s temporary takeover and alleged interference with the claimant’s local paper and packaging manufacturing enterprise, including through the arbitrary harassment of its employees. This allegedly resulted in the claimant giving up business operations in the country in 2018. |
Ownership of local subsidiary Smurfit Kappa Carton de Venezuela, a paper and packaging manufacturer. |
Pending
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
17 - Manufacture of paper and paper products |
Ramírez Hernández, R. - President
Polebaum, E. - Claimant
Douglas, Z. - Respondent (replaced)
Mann, H. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
29 |
2017
|
Airbus v. Poland
|
Airbus Helicopters S.A.S. i Airbus S.E. v. Republic of Poland
|
Netherlands - Poland BIT (1992) |
Data not available |
Data not available |
Investment:
Summary: Claims arising out of the Government’s cancellation of a contract to purchase helicopters from the claimant. |
|
Discontinued
|
Poland |
Netherlands |
Secondary: C - Manufacturing |
30 - Manufacture of other transport equipment |
Alexandrov, S. A. - Claimant
Douglas, Z. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
30 |
2017
|
APCL v. Gambia
|
APCL Gambia B.V. v. Republic of The Gambia (ICSID Case No. ARB/17/40)
|
Gambia - Netherlands BIT (2002) |
ICSID |
ICSID |
Investment: Investment of the alleged USD 64 million in the exploration of oil in the licensed areas.
Summary: Claims arising out of the alleged wrongful termination by the Government of licences for exploration of two off-shore oil blocks. |
Investment of the alleged USD 64 million in the exploration of oil in the licensed areas. |
Settled
|
Gambia |
Netherlands |
Primary: B - Mining and quarrying |
9 - Mining support service activities |
Name not available - President
Poncet, C. - Claimant
Banifatemi, Y. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 7 June 2018 |
None |
None |
None |
None |
None |
None |
31 |
2017
|
Buse v. Panama
|
Jochem Bernard Buse v. Republic of Panama (ICSID Case No. ARB/17/12)
|
Netherlands - Panama BIT (2000) |
ICSID |
ICSID |
Investment: Majority shareholding in Panama Wall Street, S.A., a Panamanian brokerage firm.
Summary: Claims arising out of a national financial oversight agency’s investigation into Panama Wall Street, a brokerage firm founded by the claimant in 2000, and its subsequent compulsory liquidation through Resolution SMV No. 371 of 2016. |
Majority shareholding in Panama Wall Street, S.A., a Panamanian brokerage firm. |
Pending
|
Panama |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Pena Rodriguez, M. E. - Respondent
Low, L. A. - President
Boisson de Chazournes, L. - Claimant |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
32 |
2017
|
Cunico v. Macedonia
|
Cunico Resources N.V. v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/17/46)
|
Macedonia, The former Yugoslav Republic of - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Full ownership of FENI Industries, a local company that served as a vehicle for the claimant’s investments in ferro-nickel mining and production operations in Macedonia.
Summary: Claims arising out of the alleged interference by the Government in the claimant’s planned sale of FENI Industries, which allegedly led to initiation of bankruptcy proceedings against FENI. |
Full ownership of FENI Industries, a local company that served as a vehicle for the claimant’s investments in ferro-nickel mining and production operations in Macedonia. |
Discontinued
|
North Macedonia |
Netherlands |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Crook, J. R. - President
Alexandrov, S. A. - Claimant
Sands, P. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 31 January 2020 |
None |
None |
None |
None |
None |
None |
33 |
2017
|
Elitech and Razvoj v. Croatia
|
Elitech B.V. and Razvoj Golf D.O.O. v. Republic of Croatia (ICSID Case No. ARB/17/32)
|
Croatia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Investments in constructing a golf resort development near Dubrovnik.
Summary: Claims arising out of Croatia’s allegedly arbitrary and unfair actions that have led to a standstill in construction of a golf resort. Related facts include opposition from local politicians and residents, who complained that the project would damage the environment and threaten Dubrovnik's UNESCO World Heritage Site status, and the Croatian court rulings attempting to overturn the energy and environment ministry approval of the resort’s construction. |
Investments in constructing a golf resort development near Dubrovnik. |
Decided in favour of State
|
Croatia |
Netherlands |
Tertiary: F - Construction
Tertiary: R - Arts, entertainment and recreation
Tertiary: L - Real estate activities |
41 - Construction of buildings
93 - Sports activities and amusement and recreation activities
68 - Real estate activities |
McRae, D. M. - Respondent (replaced)
Kaufmann-Kohler, G. - President
Gotanda, J. Y. - Claimant
Stern, B. - Respondent |
300.00 mln EUR (324.40 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation |
None - all claims dismissed at the merits stage |
Award dated 23 May 2023 |
None |
None |
None |
None |
None |
None |
34 |
2017
|
Future Pipe v. Egypt
|
Future Pipe International B.V. v. Arab Republic of Egypt (ICSID Case No. ARB/17/31)
|
Egypt - Netherlands BIT (1996) |
ICSID |
ICSID |
Investment: Investments in building a water and sewage distribution network in "New Cairo", Egypt’s new administrative capital, pursuant to a contract with the State.
Summary: Claims arising out of the Government’s alleged expropriation of the claimant’s investment in a pipe manufacturing enterprise. |
Investments in building a water and sewage distribution network in "New Cairo", Egypt’s new administrative capital, pursuant to a contract with the State. |
Discontinued
|
Egypt |
Netherlands |
Tertiary: F - Construction |
42 - Civil engineering |
Kim, J. - President
Pryles, M. C. - Claimant
Boisson de Chazournes, L. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 9 November 2022 |
None |
None |
None |
None |
None |
None |
35 |
2017
|
Fynerdale v. Czech Republic
|
Fynerdale Holdings B.V. v. The Czech Republic (PCA Case No. 2018-18)
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
PCA |
Investment: Loans to Czech company YTRIX a.s. and Maltese company Poppyseed Limited, to be used for trade in poppy seeds produced in the Czech Republic.
Summary: Claims arising out of the Government’s alleged failure to act on the claimant’s criminal complaint regarding its business partners’ fraudulent activities, which allegedly entailed the loss of the claimant’s assets. |
Loans to Czech company YTRIX a.s. and Maltese company Poppyseed Limited, to be used for trade in poppy seeds produced in the Czech Republic. |
Decided in favour of State
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Wolfrum, R. - President
Orrego Vicuña, F. - Claimant (replaced)
Kühn, W. - Claimant
Boisson de Chazournes, L. - Respondent |
2438.00 mln CZK (113.60 mln USD)
|
Data not available
|
Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation |
None - jurisdiction declined |
Award dated 29 April 2021
Award on Costs dated 16 August 2021 |
Separate Opinion by Wolfgang Kühn |
None |
None |
None |
None |
None |
36 |
2017
|
Gardabani and Silk Road v. Georgia
|
Gardabani Holdings B.V. and Silk Road Holdings B.V v. Georgia (ICSID Case No. ARB/17/29)
|
Georgia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Investments in electricity generation plants.
Summary: Claims arising out of the Government’s alleged refusal to raise electricity tariffs. |
Investments in electricity generation plants. |
Decided in favour of investor
|
Georgia |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Álvarez, H. C. - President
Alexandrov, S. A. - Claimant
Douglas, Z. - Respondent
Grigera Naón, H. A. - Claimant (replaced) |
206.30 mln USD
|
75.90 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
Umbrella clause |
Award dated 27 October 2022 |
Dissenting Opinion by Zachary Douglas |
ICSID annulment proceedings |
Pending (ICSID annulment proceedings) |
None |
None |
Mourre, A. - President
Nolan, M. D. - Member
Ó Hoisín, C. - Member |
37 |
2017
|
ICL Europe v. Ethiopia
|
ICL Europe Coöperatief U.A. v. Ethiopia (PCA Case No. 2017-26)
|
Ethiopia - Netherlands BIT (2003) |
UNCITRAL |
PCA |
Investment: Investments in a potash mining project through indirect subsidiary Allana Potash Afar Plc (“Allana Potash”), which held mining concessions for the Danakil mine in Ethiopia’s Afar region.
Summary: Claims arising out of the State’s imposition of an allegedly illegal tax assessment on the claimant’s indirect subsidiary, Allana Potash, and failure to provide infrastructure support for a large-scale potash mining project in northern Ethiopia. |
Investments in a potash mining project through indirect subsidiary Allana Potash Afar Plc (“Allana Potash”), which held mining concessions for the Danakil mine in Ethiopia’s Afar region. |
Decided in favour of State
|
Ethiopia |
Netherlands |
Primary: B - Mining and quarrying |
8 - Other mining and quarrying |
Donoghue, J. E. - President
Caron, D. D. - Respondent (replaced)
Murphy, S. D. - Respondent
Smit, R. H. - Claimant |
200.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
None - all claims dismissed at the merits stage |
Award dated 9 July 2021 |
None |
None |
None |
None |
None |
None |
38 |
2017
|
Venoklim v. Venezuela
|
Venoklim Holding B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/17/4)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID AF |
ICSID |
Investment: Investments in five companies in Venezuela’s motor lubricants industry.
Summary: Claims arising out of the 2010 nationalization of a petrochemical plant. |
Investments in five companies in Venezuela’s motor lubricants industry. |
Pending
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
19 - Manufacture of coke and refined petroleum products |
Damião Goncalves, E. - President
Cárdenas Mejía, J. P. - Claimant
Bottini, G. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
39 |
2016
|
Alhambra v. Kazakhstan
|
Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12)
|
Kazakhstan - Netherlands BIT (2002) |
ICSID |
ICSID |
Investment: Rights under two gold mining licences held by the claimants’ local subsidiary, Joint Venture Saga Creek Gold Company LLP, and an exploration and exploitation contract with the Republic of Kazakhstan.
Summary: Claims arising out of an allegedly unlawful assessment of taxes on the claimants’ local subsidiary Saga Creek, the withholding of required mining and financing approvals and other actions of the Government, which allegedly culminated in the bankruptcy of Saga Creek in 2015. |
Rights under two gold mining licences held by the claimants’ local subsidiary, Joint Venture Saga Creek Gold Company LLP, and an exploration and exploitation contract with the Republic of Kazakhstan. |
Decided in favour of investor
|
Kazakhstan |
Netherlands
Canada |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
van Houtte, H. - President
Beechey, J. - Claimant
Kalicki, J. E. - Respondent |
100.00 mln USD
|
Data not available
|
Data not available |
Data not available |
Award dated 16 November 2020 |
None |
ICSID annulment proceedings
ICSID resubmission proceedings |
Award/decision partially annulled (ICSID annulment proceedings)
Pending (ICSID resubmission proceedings) |
Decision on Annulment dated 10 March 2023 (ICSID annulment proceedings) |
None |
Boo, L. - President
Jones, D. - Member
Ridings, P. - Member |
40 |
2016
|
Amlyn v. Croatia
|
Amlyn Holding B.V. v. Republic of Croatia (ICSID Case No. ARB/16/28)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investments in the construction of a biomass power plant.
Summary: Claims arising out of a series of State measures that allegedly delayed and frustrated the claimant’s biomass power plant project, including the cancellation of a power purchase agreement with the Croatian Energy Market Operator (HROTE) and legislative changes that allegedly deprived the claimant of its status as an eligible power producer. |
Investments in the construction of a biomass power plant. |
Decided in favour of neither party (liability found but no damages awarded)
|
Croatia |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Alexandrov, S. A. - Claimant
Stern, B. - Respondent
Drymer, S. L. - President |
71.10 mln EUR (82.80 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 22 October 2021 |
None |
None |
None |
None |
None |
None |
41 |
2016
|
Cordoba Beheer and others v. Spain
|
Cordoba Beheer B.V., Cross Retail S.L., Sevilla Beheer B.V., Spanish project companies v. Kingdom of Spain (ICSID Case No. ARB/16/27)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investments in a renewable energy generation enterprise.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Investments in a renewable energy generation enterprise. |
Decided in favour of investor
|
Spain |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Fathallah, R. - President
Dolzer, R. - Claimant (replaced)
Tanzi, A. M. - Respondent
Cameron, P. D. - Claimant |
6.90 mln EUR (7.40 mln USD)
|
6.80 mln EUR (7.30 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction, Liability and the Principles of Quantum dated 11 February 2022
Decision on Reconsideration dated 11 August 2022
Decision on Respondent’s Second Request for Reconsideration dated 30 January 2023
Award dated 22 May 2023 |
Partial Dissenting Opinion by Peter D. Cameron |
ICSID annulment proceedings |
Pending (ICSID annulment proceedings) |
None |
None |
Pierola Castro, N. F. - President
Reilly, L. - Member
Cooper-Rousseau, B. - Member |
42 |
2016
|
Emergofin and Velbay v. Ukraine
|
Emergofin B.V. and Velbay Holdings Ltd. v. Ukraine (ICSID Case No. ARB/16/35)
|
Netherlands - Ukraine BIT (1994) |
ICSID |
ICSID |
Investment: 68.01% shareholding in Zaporozhe Aluminium Plant (“Zalk“).
Summary: Claims arising out of the Ukrainian Supreme Court’s decision (2015) to expropriate the claimants’ majority stake in the aluminium production company Zalk. |
68.01% shareholding in Zaporozhe Aluminium Plant (“Zalk“). |
Pending
|
Ukraine |
Netherlands |
Secondary: C - Manufacturing |
24 - Manufacture of basic metals |
Beechey, J. - Claimant
Wood, M. - Respondent
Douglas, Z. - President |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
43 |
2016
|
ENGIE and others v. Hungary
|
ENGIE International Holdings BV, ENGIE SA and GDF International SAS v. Hungary (ICSID Case No. ARB/16/14)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Shareholding in gas companies.
Summary: |
Shareholding in gas companies. |
Settled
|
Hungary |
France
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Williams, D. A. R. - Claimant
Bernardini, P. - Respondent
Sachs, K. - President |
642.00 mln EUR (725.60 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 23 February 2018 |
None |
None |
None |
None |
None |
None |
44 |
2016
|
Infracapital v. Spain
|
Infracapital F1 S.à r.l. and Infracapital Solar B.V. v. Kingdom of Spain (ICSID Case No. ARB/16/18)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investments in photovoltaic plants.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Investments in photovoltaic plants. |
Decided in favour of investor
|
Spain |
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Nunes Pinto, J. E. - President (replaced)
Cameron, P. D. - Claimant
González García, L. - Respondent
Siqueiros, E. - President |
50.70 mln EUR (55.70 mln USD)
|
24.90 mln EUR (27.40 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures
Other |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction, Liability and Directions on Quantum dated 13 September 2021
Decision on Respondent Request for Reconsideration regarding the Intra-EU Objection and the Merits dated 1 February 2022
Second Decision on Reconsideration dated 19 August 2022
Award dated 2 May 2023
Decision on Rectification dated 26 September 2023 |
Partial Dissenting Opinion by Peter D. Cameron |
ICSID annulment proceedings |
Pending (ICSID annulment proceedings) |
None |
None |
None |
45 |
2016
|
Lao Holdings v. Laos (II)
|
Lao Holdings N.V. v. Lao People’s Democratic Republic (II) (ICSID Case No. ARB(AF)/16/2)
|
Lao People's Democratic Republic - Netherlands BIT (2003) |
ICSID AF |
ICSID |
Investment: Majority shareholding in the Savan Vegas Hotel and Casino held by the claimant’s wholly-owned subsidiary Sanum.
Summary: Claims arising out of the Government’s actions allegedly in breach of the settlement agreement concluded with the claimant and its wholly-owned subsidiary Sanum in 2014, including the seizure of the Savan Vegas Hotel and Casino, in which Sanum held an 80 per cent stake, and the discriminatory imposition of taxes on the claimant. |
Majority shareholding in the Savan Vegas Hotel and Casino held by the claimant’s wholly-owned subsidiary Sanum. |
Pending
|
Lao People's Democratic Republic |
Netherlands |
Tertiary: I - Accommodation and food service activities
Tertiary: R - Arts, entertainment and recreation |
55 - Accommodation
92 - Gambling and betting activities |
Kalicki, J. E. - President
Reichert, K. - Claimant
Boisson de Chazournes, L. - Respondent |
Data not available
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
National treatment
Most-favoured nation treatment
Umbrella clause
Transfer of funds
Indirect expropriation
Direct expropriation |
Pending |
None |
None |
None |
None |
None |
None |
None |
46 |
2016
|
Nova Group v. Romania
|
Nova Group Investments, B.V. v. Romania (ICSID Case No. ARB/16/19)
|
Netherlands - Romania BIT (1994) |
ICSID |
ICSID |
Investment: Majority shareholding in Astra Asigurari, a local insurance company.
Summary: Claims arising out of the Government’s actions that allegedly led to the bankruptcy of an insurance company, Astra Asigurari, majority owned by the claimant. |
Majority shareholding in Astra Asigurari, a local insurance company. |
Pending
|
Romania |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Kalicki, J. E. - President
Reichert, K. - Claimant
Clay, T. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Decision on an Objection to Jurisdiction dated 21 January 2021 |
None |
None |
None |
None |
None |
None |
47 |
2016
|
Shell Philippines v. Philippines
|
Shell Philippines Exploration B.V. v. Republic of the Philippines (ICSID Case No. ARB/16/22)
|
Netherlands - Philippines BIT (1985) |
ICSID |
ICSID |
Investment: 45% interest, and the role of operator, in the Malampaya consortium that operates the Malampaya Deepwater Gas-to-Power Project.
Summary: Claims arising out of the Government’s allegedly unlawful order for payment of PHP 53.14 billion (USD 1.1 billion) in income taxes imposed on the Malampaya consortium that operates a natural gas development project in West Philippine Sea. The consortium also includes Chevron Malampaya LLC (45%) and the Philippine State-owned PNOC Exploration Corporation (10%). |
45% interest, and the role of operator, in the Malampaya consortium that operates the Malampaya Deepwater Gas-to-Power Project. |
Pending
|
Philippines |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Veeder, V. V. - President (replaced)
Grigera Naón, H. A. - Claimant
Stern, B. - Respondent
Blanch, J. - President |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
48 |
2016
|
Starr v. Russia
|
Starr Russia Investments III B.V. v. Russian Federation
|
Netherlands - Russian Federation BIT (1989) |
UNCITRAL |
Data not available |
Investment: Shareholding in PJSC “Investtradebank” (Investtorgbank, ITB), a Russian commercial bank.
Summary: Claims arising out of the alleged expropriation of the claimant’s shareholding in “Investtradebank” related to the bank’s placement under administration in 2015 and its restructuring. |
Shareholding in PJSC “Investtradebank” (Investtorgbank, ITB), a Russian commercial bank. |
Pending
|
Russian Federation |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Decision on Jurisdiction dated August 2019 |
Dissenting Opinion of Brigitte Stern |
None |
None |
None |
None |
None |
49 |
2015
|
Alten Renewable v. Spain
|
Alten Renewable Energy Developments BV v. Kingdom of Spain (SCC Case No. 2015/036)
|
The Energy Charter Treaty (1994) |
SCC |
SCC |
Investment: Investments in photovoltaic plants.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Investments in photovoltaic plants. |
Discontinued
|
Spain |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Baptista, L. O. - President
Jana Linetzky, A. - Claimant
Perezcano Diaz, H. - Respondent |
59.40 mln EUR (69.00 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
None |
None |
None |
None |
None |
50 |
2015
|
Álvarez y Marín Corporación and others v. Panama
|
Álvarez y Marín Corporación S.A., Estudios Tributarios AP S.A., Stichting Administratiekantoor Anbadi, Bartus van Noordenne and Cornelis Willem van Noordenne v. Republic of Panama (ICSID Case No. ARB/15/14)
|
Netherlands - Panama BIT (2000)
Central America - Panama FTA (2002) |
ICSID |
ICSID |
Investment: Sole shareholders in Desarrollo Ecoturístico Cañaveral S.A., a real-estate company, which acquired 685 hectares of land in Panama for the development of a tourism project.
Summary: Claims arising out of decisions by the Panamanian National Authority of Lands Administration (ANATI) allegedly contradicting prior authorizations and judicial decisions centering on whether the claimants’ investment is located within the indigenous protected area of Ngäbe-Buglé. |
Sole shareholders in Desarrollo Ecoturístico Cañaveral S.A., a real-estate company, which acquired 685 hectares of land in Panama for the development of a tourism project. |
Decided in favour of State
|
Panama |
Costa Rica
Netherlands |
Tertiary: L - Real estate activities |
68 - Real estate activities |
Fernández-Armesto, J. - President
Grigera Naón, H. A. - Claimant
Álvarez, H. C. - Respondent |
100.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - jurisdiction declined |
Decision on Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 27 January 2016
Reasoning of the decision on Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 4 April 2016
Award dated 12 October 2018 |
Dissenting Opinion by Horacio Grigera Naón |
None |
None |
None |
None |
None |
51 |
2015
|
B3 Croatian Courier v. Croatia
|
B3 Croatian Courier Coöperatief U.A. v. Republic of Croatia (ICSID Case No. ARB/15/5)
|
Croatia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Ownership of a postal services enterprise, City Ex.
Summary: Claims arising out of the Government’s alleged failure to implement measures required by EU law since Croatia’s EU accession in 2013 for the liberalization of the country’s postal services market, as well as the allegedly anti-competitive market practices of the incumbent Croatian Post. |
Ownership of a postal services enterprise, City Ex. |
Decided in favour of neither party (liability found but no damages awarded)
|
Croatia |
Netherlands |
Tertiary: H - Transportation and storage |
53 - Postal and courier activities |
Hanotiau, B. - President
Stern, B. - Respondent
Alexandrov, S. A. - Claimant |
53.00 mln EUR (57.80 mln USD)
|
0.00 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 5 April 2019 |
None |
None |
None |
None |
None |
None |
52 |
2015
|
CEF Energia v. Italy
|
CEF Energia BV v. Italian Republic (SCC Case No. 158/2015)
|
The Energy Charter Treaty (1994) |
SCC |
SCC |
Investment: Investments in three photovoltaic plants (Enersol, Megasol and Phenix) through direct and indirect shareholdings in related local companies.
Summary: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects. |
Investments in three photovoltaic plants (Enersol, Megasol and Phenix) through direct and indirect shareholdings in related local companies. |
Decided in favour of investor
|
Italy |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Reichert, K. - President
Sachs, K. - Claimant
Sacerdoti, G. - Respondent |
10.30 mln EUR (11.80 mln USD)
|
9.60 mln EUR (11.00 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 16 January 2019 |
None |
Judicial review by national courts |
Pending (Judicial review by national courts) |
None |
None |
None |
53 |
2015
|
Gilward Investments v. Ukraine
|
Gilward Investments B.V. v. Ukraine (ICSID Case No. ARB/15/33)
|
Netherlands - Ukraine BIT (1994) |
ICSID |
ICSID |
Investment: Majority shareholding (38 per cent) in AeroSvit, a Ukrainian partly State-owned airline company.
Summary: Claims arising out of the measures taken by the Government related to the bankruptcy of the claimant’s Ukrainian subsidiary, AeroSvit. |
Majority shareholding (38 per cent) in AeroSvit, a Ukrainian partly State-owned airline company. |
Pending
|
Ukraine |
Netherlands |
Tertiary: H - Transportation and storage |
51 - Air transport |
Sands, P. - Respondent (replaced)
Tawil, G. S. - Claimant
Schwartz, E. - President
Knieper, R. - Respondent |
695.00 mln USD
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
54 |
2015
|
Hanocal and IPIC International v. Korea
|
Hanocal Holding B.V. and IPIC International B.V. v. Republic of Korea (ICSID Case No. ARB/15/17)
|
Korea, Republic of - Netherlands BIT (2003) |
ICSID |
ICSID |
Investment: Majority shareholding in Hyundai Oilbank, a petroleum and refinery company based in the city of Seosan.
Summary: Claims arising out of the alleged tax levied on the 2010 sale of the claimants' controlling stake in Hyundai Oilbank, a petroleum and refinery company based in the city of Seosan. |
Majority shareholding in Hyundai Oilbank, a petroleum and refinery company based in the city of Seosan. |
Discontinued
|
Korea, Republic of |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Park, W. W. - Respondent
Born, G. B. - Claimant
Sachs, K. - President |
168.00 mln USD
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
55 |
2015
|
JKX Oil & Gas and Poltava v. Ukraine
|
JKX Oil & Gas plc, Poltava Gas B.V. and Poltava Petroleum Company v. Ukraine (PCA Case No. 2015-11)
|
Ukraine - United Kingdom BIT (1993)
Netherlands - Ukraine BIT (1994)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Investments in oil and gas production plants in Ukraine.
Summary: Claims arising from a series of alleged discriminatory State measures including legislation adopted in July 2014 that temporarily raised royalties on gas production from 28 to 55 per cent as well as regulations introduced in November 2014 that required private companies to purchase gas solely from state entity Naftogaz, and placed restrictions on other sellers. |
Investments in oil and gas production plants in Ukraine. |
Decided in favour of investor
|
Ukraine |
United Kingdom
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Crawford, J. R. - President
Hanotiau, B. - Claimant
Reisman, W. M. - Respondent |
270.00 mln USD
|
11.80 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Data not available |
Award dated 6 February 2017 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Ruling of the High Court of Justice of England and Wales dated 27 October 2017 (Judicial review by national courts) |
None |
None |
56 |
2015
|
MMEA and AHSI v. Senegal
|
Menzies Middle East and Africa S.A. and Aviation Handling Services International Ltd. v. Republic of Senegal (ICSID Case No. ARB/15/21)
|
Netherlands - Senegal BIT (1979)
Senegal - United Kingdom BIT (1980) |
ICSID |
ICSID |
Investment: Ownership of subsidiary Aviation Handling Services (AHS), which provides aircraft ground-handling services at the Léopold Sédar Senghor International Airport in Dakar, Senegal.
Summary: Claims arising out of placing claimants’ company in administration by the government, which claimants view as disguised expropriation. According to the government, the measure was part of the illegal enrichment investigation against a former Senegalese minister for air transport. |
Ownership of subsidiary Aviation Handling Services (AHS), which provides aircraft ground-handling services at the Léopold Sédar Senghor International Airport in Dakar, Senegal. |
Decided in favour of State
|
Senegal |
United Kingdom
Netherlands |
Tertiary: H - Transportation and storage |
51 - Air transport |
Hanotiau, B. - President
Gharavi, H. G. - Claimant
Mayer, P. - Respondent |
41.63 mln EUR (44.11 mln USD)
|
Data not available
|
Indirect expropriation |
None - jurisdiction declined |
Award dated 5 August 2016 |
None |
None |
None |
None |
None |
None |
57 |
2015
|
Silver Ridge v. Italy
|
Silver Ridge Power BV v. Italian Republic (ICSID Case No. ARB/15/37)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Ownership of 25 solar power plants in Italy with a combined capacity of over 130 megawatts.
Summary: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects. |
Ownership of 25 solar power plants in Italy with a combined capacity of over 130 megawatts. |
Decided in favour of State
|
Italy |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Simma, B. - President
Johnson, O. T. - Claimant
Cremades, B. M. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
None - all claims dismissed at the merits stage |
Award dated 26 February 2021 |
Dissenting Opinion of O. Thomas Johnson |
None |
None |
None |
None |
None |
58 |
2015
|
Total E&P v. Uganda
|
Total E&P Uganda BV v. Republic of Uganda (ICSID Case No. ARB/15/11)
|
Netherlands - Uganda BIT (2000) |
ICSID |
ICSID |
Investment: Shareholding in four oil and gas blocks in the Lake Albert Rift basin.
Summary: Claims arising out of an allegedly unlawful tax levied by the Government. |
Shareholding in four oil and gas blocks in the Lake Albert Rift basin. |
Settled
|
Uganda |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Veeder, V. V. - Claimant
Hossain, K. - Respondent
Heiskanen, V. - President |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding dated 3 August 2018 |
None |
None |
None |
None |
None |
None |
59 |
2015
|
Watkins and others v. Spain
|
Watkins Holdings S.à r.l. and others v. Kingdom of Spain (ICSID Case No. ARB/15/44)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investments in renewable energy generation enterprises (wind farms).
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Investments in renewable energy generation enterprises (wind farms). |
Decided in favour of investor
|
Spain |
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Pryles, M. C. - Claimant
Ruiz Fabri, H. - Respondent
Abraham, C. W. M. - President |
123.90 mln EUR (137.40 mln USD)
|
77.00 mln EUR (85.30 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 21 January 2020 |
Dissenting Opinion of Hélène Ruiz Fabri |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 21 February 2023 (ICSID annulment proceedings) |
None |
Boo, L. - President
Adekoya, O. - Member
Jiménez Figueres, D. - Member |
60 |
2014
|
City-State v. Ukraine
|
City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC and Prodiz LLC v. Ukraine (ICSID Case No. ARB/14/9)
|
Netherlands - Ukraine BIT (1994) |
ICSID |
ICSID |
Investment: Majority shareholding in the financial institution PJSC KreditPromBank.
Summary: Claims arising out of the alleged failure by Ukraine's banking authority to exercise regulatory oversight over claimants' deposits in the bank KreditPromBank after it was sold to a Ukrainian national, including the alleged transfer of the bank's assets and accounts to offshore companies in violation of Ukrainian banking regulation, and alleged government interference in domestic judicial proceedings. |
Majority shareholding in the financial institution PJSC KreditPromBank. |
Decided in favour of investor
|
Ukraine |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Lowe, V. - President (replaced)
Alexandrov, S. A. - Claimant
Stern, B. - Respondent
Bull, C. - President |
Data not available
|
8.90 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation |
Award dated 26 July 2018
Decision on the request for supplementary decision of the award dated 6 February 2019 |
Dissenting Opinion by Brigitte Stern |
None |
None |
None |
None |
None |
61 |
2014
|
Financial Performance Holdings v. Russia
|
Financial Performance Holdings BV (FPH) v. The Russian Federation
|
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Loans/financing transactions.
Summary: Claims arising out of certain loans/financing transactions that were made to Yukos prior to its expropriation, but that were not recognized and repaid following the expropriation and forced bankruptcy process. |
Loans/financing transactions. |
Discontinued
|
Russian Federation |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Alexandrov, S. A. - President
Haigh, D. - Claimant
Vinuesa, R. E. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
62 |
2014
|
Highbury v. Venezuela (II)
|
Highbury International AVV, Compañía Minera de Bajo Caroní AVV, and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (II) (ICSID Case No. ARB/14/10)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Rights under gold and diamond mining concession held by Caromin Venezuela and VMC Mining, companies controlled by the claimants.
Summary: Claims arising out of the alleged expropriation of two companies controlled by the claimants that held gold and diamond mining concessions, including the alleged forced takeover of the concession areas, the revocation of the concessions and non-payment of compensation. |
Rights under gold and diamond mining concession held by Caromin Venezuela and VMC Mining, companies controlled by the claimants. |
Discontinued
|
Venezuela, Bolivarian Republic of |
Netherlands
Panama |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Fernández-Armesto, J. - President
Orrego Vicuña, F. - Claimant
Stern, B. - Respondent |
209.70 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Not applicable - settled or discontinued before decision on liability |
Order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) dated 5 January 2018 |
None |
None |
None |
None |
None |
None |
63 |
2014
|
Horthel and others v. Poland
|
Horthel Systems BV, Poland Gaming Holding BV and Tesa Beheer BV v. Poland (PCA Case No. 2014-31)
|
Netherlands - Poland BIT (1992) |
UNCITRAL |
PCA |
Investment: Shareholding in companies operating slot machines.
Summary: Claims arising out of Poland’s Gambling Law of 2009 restricting the operation of slot machines outside of casinos, which forced companies controlled by the claimants to stop operating most of their slot machines following the law's entry into force in January 2010 and to abandon all operations by January 2015. |
Shareholding in companies operating slot machines. |
Decided in favour of investor
|
Poland |
Netherlands |
Tertiary: R - Arts, entertainment and recreation |
92 - Gambling and betting activities |
Lévy, L. - President
van Leeuwen, M. - Claimant
Thomas, J. C. - Respondent |
240.00 mln PLN (56.60 mln USD)
|
37.70 mln PLN (9.30 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Final Award dated 16 February 2017 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Decision of the Swiss Federal Supreme Court on the Set-Aside of the Award dated 14 December 2017 (Judicial review by national courts) |
None |
None |
64 |
2014
|
Masdar v. Spain
|
Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain (ICSID Case No. ARB/14/1)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Shareholding in the Spanish company Torresol Energy Investments S.A. which operated three concentrated solar power plants in Spain: Gemasolar, Termesol and Arcosol.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Shareholding in the Spanish company Torresol Energy Investments S.A. which operated three concentrated solar power plants in Spain: Gemasolar, Termesol and Arcosol. |
Decided in favour of investor
|
Spain |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Beechey, J. - President
Born, G. B. - Claimant
Stern, B. - Respondent |
250.00 mln EUR (297.00 mln USD)
|
64.50 mln EUR (76.70 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 16 May 2018 |
None |
ICSID annulment proceedings |
Discontinued (ICSID annulment proceedings) |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 dated 27 November 2020 (ICSID annulment proceedings) |
None |
Pierola Castro, N. F. - Member
Wallgren-Lindholm, C. - Member
Kim, K.-Y. - President
Khan, M. A. - President (replaced) |
65 |
2014
|
NextEra v. Spain
|
NextEra Energy Global Holdings B.V. and NextEra Energy Spain Holdings B.V. v. Kingdom of Spain (ICSID Case No. ARB/14/11)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Construction and operation of two thermosolar plants in Extremadura, Spain.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Construction and operation of two thermosolar plants in Extremadura, Spain. |
Decided in favour of investor
|
Spain |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
McRae, D. M. - President
Fortier, L. Y. - Claimant
Boisson de Chazournes, L. - Respondent |
521.40 mln EUR (586.00 mln USD)
|
290.60 mln EUR (323.60 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Most-favoured nation treatment
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction, Liability and Quantum Principles dated 12 March 2019
Award dated 31 May 2019 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 18 March 2022 (ICSID annulment proceedings) |
None |
Kim, J. - President
Boo, L. - Member
Sáenz Marinero, H. - Member |
66 |
2014
|
Nusa Tenggara v. Indonesia
|
Nusa Tenggara Partnership B.V. and PT Newmont Nusa Tenggara v. Republic of Indonesia (ICSID Case No. ARB/14/15)
|
Indonesia - Netherlands BIT (1994) |
ICSID |
ICSID |
Investment: Operation of the Batu Hijau copper and gold mine under a Contract of Work approved by the President of Indonesia.
Summary: Claims arising out of the introduction of export restrictions on copper, including an export duty and a ban on the export of copper concentrate which allegedly stalled production at the Batu Hijau copper and gold mine operated by the claimants. |
Operation of the Batu Hijau copper and gold mine under a Contract of Work approved by the President of Indonesia. |
Discontinued
|
Indonesia |
Netherlands |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Tribunal not constituted |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding issued by the Secretary-General dated 29 August 2014, pursuant to ICSID Arbitration Rule 44 |
None |
None |
None |
None |
None |
None |
67 |
2014
|
Trinh and Bin Chau v. Viet Nam (II)
|
Trinh Vinh Binh and Binh Chau JSC v. Viet Nam (II) (PCA Case No. 2015-23)
|
Netherlands - Viet Nam BIT (1994) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Decided in favour of investor
|
Viet Nam |
Netherlands |
Data not available |
Data not available |
Name not available - President
Name not available - Claimant
Name not available - Respondent |
1250.00 mln USD
|
37.50 mln USD
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 10 April 2019 |
None |
None |
None |
None |
None |
None |
68 |
2014
|
United Utilities v. Estonia
|
United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia (ICSID Case No. ARB/14/24)
|
Estonia - Netherlands BIT (1992) |
ICSID |
ICSID |
Investment: Shareholding (50.4 per cent) in the company AS Talinna Vesi, which held rights under a water and wastewater services contract for the city of Tallinn.
Summary: Claims arising out of the alleged refusal by Estonian regulators to permit water tariff increases in Tallinn, which allegedly resulted in substantial losses for claimants' water services concession. |
Shareholding (50.4 per cent) in the company AS Talinna Vesi, which held rights under a water and wastewater services contract for the city of Tallinn. |
Decided in favour of State
|
Estonia |
Netherlands |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
36 - Water collection, treatment and supply |
Drymer, S. L. - President
Williams, D. A. R. - Claimant
Stern, B. - Respondent |
65.00 mln EUR (73.30 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
None - all claims dismissed at the merits stage |
Award dated 21 June 2019 |
Dissent by David A. R. Williams |
None |
None |
None |
None |
None |
69 |
2014
|
Vodafone v. India (I)
|
Vodafone International Holdings BV v. India (I) (PCA Case No. 2016-35)
|
India - Netherlands BIT (1995) |
UNCITRAL |
PCA |
Investment: Ownership of an Indian telecoms company.
Summary: Claims arising out of a retrospective transaction tax imposed by the Government over claimant's acquisition of Indian-based Hutchison Whampoa telecoms business. |
Ownership of an Indian telecoms company. |
Decided in favour of investor
|
India |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Fortier, L. Y. - Claimant
Lahoti, R. C. - Respondent (replaced)
Oreamuno Blanco, R. - Respondent
Berman, F. - President |
Data not available
|
Non-pecuniary relief |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 25 September 2020 |
None |
Judicial review by national courts |
Pending (Judicial review by national courts) |
None |
None |
None |
70 |
2013
|
Achmea v. Slovakia (II)
|
Achmea B.V. v. The Slovak Republic (II) (PCA Case No. 2013-12)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Shareholding in a Slovak health insurer, Union zdravotna poistovna (UZP).
Summary: Claims arising out of the Government's announced plan to establish a unitary public health insurance system in Slovakia run by the State, which would allegedly entail the expropriation of Achmea’s stake in a Slovak health insurance company. |
Shareholding in a Slovak health insurer, Union zdravotna poistovna (UZP). |
Decided in favour of State
|
Slovakia |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Lévy, L. - President
Beechey, J. - Claimant
Dupuy, P.-M. - Respondent |
72.00 mln EUR (93.00 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
None - jurisdiction declined |
Award on Jurisdiction and Admissibility dated 20 May 2014 |
None |
None |
None |
None |
None |
None |
71 |
2013
|
Infrastructure Services and Energia Termosolar (formerly Antin) v. Spain
|
Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar B.V. (formerly Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V.) v. Kingdom of Spain (ICSID Case No. ARB/13/31)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Direct and indirect shareholding in two solar thermo plants in Andalucía, Spain.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Direct and indirect shareholding in two solar thermo plants in Andalucía, Spain. |
Decided in favour of investor
|
Spain |
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Zuleta, E. - President
Orrego Vicuña, F. - Claimant (replaced)
Reichert, K. - Claimant
Thomas, J. C. - Respondent |
196.00 mln EUR (229.60 mln USD)
|
101.00 mln EUR (115.30 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question dated 2 March 2015
Award dated 15 June 2018
Decision on the Rectification of the Award dated 29 January 2019 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 30 July 2021 (ICSID annulment proceedings) |
None |
Bull, C. - President
Moreno Rodríguez, J. A. - Member
Comair-Obeid, N. - Member |
72 |
2013
|
Isolux v. Spain
|
Isolux Infrastructure Netherlands B.V. v. Kingdom of Spain (SCC Case No. 2013/153)
|
The Energy Charter Treaty (1994) |
SCC |
SCC |
Investment: Interests in several photovoltaic plants in Spain.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Interests in several photovoltaic plants in Spain. |
Decided in favour of State
|
Spain |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Derains, Y. - President
Tawil, G. S. - Claimant
von Wobeser, C. - Respondent |
68.90 mln EUR (76.10 mln USD)
|
Data not available
|
Data not available |
None - all claims dismissed at the merits stage |
Award dated 12 July 2016 |
Dissenting Opinion of Guido S. Tawil |
None |
None |
None |
None |
None |
73 |
2013
|
Natland and others v. Czech Republic
|
G.I.H.G. Limited, Natland Group Limited, Natland Investment Group NV, and Radiance Energy Holding S.A.R.L. v. The Czech Republic (PCA Case No. 2013-35)
|
Czech Republic - Netherlands BIT (1991)
Cyprus - Czech Republic BIT (2001)
BLEU (Belgium-Luxembourg Economic Union) - Czech Republic BIT (1989)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Interests in the Czech photovoltaic sector.
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Interests in the Czech photovoltaic sector. |
Pending
|
Czechia |
Cyprus
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Heiskanen, V. - President
Bishop, D. - Claimant (replaced)
Thomas, J. C. - Respondent
Born, G. B. - Claimant (replaced)
Name not available - Claimant |
90.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Pending |
Partial Award dated 20 December 2017 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Judgment of Swiss Federal Tribunal (French) dated 7 February 2020 (Judicial review by national courts) |
None |
None |
74 |
2013
|
Spentex v. Uzbekistan
|
Spentex Netherlands, B.V. v. Republic of Uzbekistan (ICSID Case No. ARB/13/26)
|
Netherlands - Uzbekistan BIT (1996) |
ICSID |
ICSID |
Investment: Ownership of three Uzbek cotton processing plants for yarn production.
Summary: Claims arising out of the withdrawal by the Government of a VAT subsidy to cotton input purchases and other incentives, allegedly leading to the bankruptcy of claimant's investment in Uzbekistan. |
Ownership of three Uzbek cotton processing plants for yarn production. |
Decided in favour of State
|
Uzbekistan |
Netherlands |
Secondary: C - Manufacturing |
13 - Manufacture of textiles |
Reinisch, A. - President
Alexandrov, S. A. - Claimant
Stern, B. - Respondent |
100.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Most-favoured nation treatment |
None - jurisdiction declined |
Award dated 27 December 2016 |
None |
None |
None |
None |
None |
None |
75 |
2013
|
U.S. Steel v. Slovakia
|
U.S. Steel Global Holdings I B.V. v. The Slovak Republic (PCA Case No. 2013-6)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Ownership of a local steel production company.
Summary: Claims arising out of the imposition of certain electricity tariffs upon claimant's local steel plant, US Steel Košice. |
Ownership of a local steel production company. |
Discontinued
|
Slovakia |
Netherlands |
Secondary: C - Manufacturing |
24 - Manufacture of basic metals |
Reisman, W. M. - President
Volterra, R. - Claimant
Crawford, J. R. - Respondent |
300.00 mln USD
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
76 |
2012
|
Charanne and Construction Investments v. Spain
|
Charanne B.V. and Construction Investments S.a.r.l. v. Spain (SCC Case No. 062/2012)
|
The Energy Charter Treaty (1994) |
SCC |
SCC |
Investment: Shareholding of 18.66% (by Charanne) and 2.89% (by Construction Investments) in T-Solar Global S.A., a Spanish solar power plant.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector. |
Shareholding of 18.66% (by Charanne) and 2.89% (by Construction Investments) in T-Solar Global S.A., a Spanish solar power plant. |
Decided in favour of State
|
Spain |
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Mourre, A. - President
Tawil, G. S. - Claimant
von Wobeser, C. - Respondent |
17.80 mln EUR (20.70 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation
Other |
None - all claims dismissed at the merits stage |
Final Award dated 21 January 2016 |
Dissenting Opinion of Guido Santiago Tawil |
None |
None |
None |
None |
None |
77 |
2012
|
Emmis v. Hungary
|
Emmis International Holding, B.V., Emmis Radio Operating, B.V., MEM Magyar Electronic Media Kereskedelmi és Szolgáltató Kft. v. Hungary (ICSID Case No. ARB/12/2)
|
Hungary - Netherlands BIT (1987)
Hungary - Switzerland BIT (1988) |
ICSID |
ICSID |
Investment: Shareholding in a Hungarian company that won a competitive tender for one of the two licenses for FM national radio-broadcasting frequencies in Hungary.
Summary: Claims arising out of the alleged expropriation of claimants' investments in nationwide FM-frequency radio-broadcasting licenses in Hungary, through the Government's decision to award the radio-broadcasting frequencies formerly held by claimants to a third party. |
Shareholding in a Hungarian company that won a competitive tender for one of the two licenses for FM national radio-broadcasting frequencies in Hungary. |
Decided in favour of State
|
Hungary |
Netherlands
Switzerland |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
McLachlan, C. A. - President
Lalonde, M. - Claimant
Thomas, J. C. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
National treatment
Customary rules of international law
Arbitrary, unreasonable and/or discriminatory measures |
None - jurisdiction declined |
Decision on Respondent’s Objection Under ICSID Arbitration Rule 41(5) dated 11 March 2013
Decision on Respondent's Application for Bifurcation dated 13 June 2013
Award dated 16 April 2014 |
None |
None |
None |
None |
None |
None |
78 |
2012
|
Enkev Beheer v. Poland
|
Enkev Beheer B.V. v. The Republic of Poland
|
Netherlands - Poland BIT (1992) |
UNCITRAL |
PCA |
Investment: Investment in Polish subsidiary, Enkev Polska S.A., a joint stock company owning certain industrial facilities and holding a perpetual usufruct right to the property under Polish law for the use of the land as real property for 99 years.
Summary: Claims arising out of alleged threats made by the Respondent to expropriate the claimant’s investment in its Polish subsidiary. |
Investment in Polish subsidiary, Enkev Polska S.A., a joint stock company owning certain industrial facilities and holding a perpetual usufruct right to the property under Polish law for the use of the land as real property for 99 years. |
Decided in favour of State
|
Poland |
Netherlands |
Secondary: C - Manufacturing |
32 - Other manufacturing |
Veeder, V. V. - President
van den Berg, A. J. - Claimant
Sachs, K. - Respondent |
Data not available
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Indirect expropriation |
None - all claims dismissed at the merits stage |
First Partial Award dated 29 April 2014
Final Award on Costs dated 13 June 2014 |
None |
None |
None |
None |
None |
None |
79 |
2012
|
Fabrica de Vidrios v. Venezuela (I)
|
Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (I) (ICSID Case No. ARB/12/21)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Interests in two glass manufacturing companies in Venezuela.
Summary: Claims arising out of the alleged expropriation of two glass manufacturing companies in which the claimants had invested. |
Interests in two glass manufacturing companies in Venezuela. |
Decided in favour of State
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
23 - Manufacture of other non-metallic mineral products |
Shin, H.-T. - President
Fortier, L. Y. - Claimant
Mourre, A. - Respondent (replaced)
Douglas, Z. - Respondent |
1033.10 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Direct expropriation
Umbrella clause |
None - jurisdiction declined |
Award dated 13 November 2017 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 22 November 2019 (English) (ICSID annulment proceedings)
Decision on Annulment dated 22 November 2019 (Spanish) (ICSID annulment proceedings) |
None |
Rigo Sureda, A. - President
Fernández Arroyo, D. P. - Member
Hanefeld, I. - Member |
80 |
2012
|
Guardian Fiduciary v. Macedonia
|
Guardian Fiduciary Trust, Ltd, f/k/a Capital Conservator Savings & Loan, Ltd v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/12/31)
|
Macedonia, The former Yugoslav Republic of - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Accounts in the Macedonian Stopanska Banka used by the claimant for its business operations/financial services.
Summary: Claims arising out of the closure of the claimant’s bank accounts at Stopanska Banka on money laundering grounds, arrest of one of the claimant’s directors for money laundering and disclosure of this information to the public. |
Accounts in the Macedonian Stopanska Banka used by the claimant for its business operations/financial services. |
Decided in favour of State
|
North Macedonia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Heiskanen, V. - President
Bucher, A. - Claimant
Stern, B. - Respondent |
20.00 mln USD
|
Data not available
|
Data not available |
None - jurisdiction declined |
Award dated 22 September 2015 |
None |
None |
None |
None |
None |
None |
81 |
2012
|
Lao Holdings v. Laos (I)
|
Lao Holdings N.V. v. Lao People’s Democratic Republic (I) (ICSID Case No. ARB(AF)/12/6)
|
Lao People's Democratic Republic - Netherlands BIT (2003) |
ICSID AF |
ICSID |
Investment: Contributions made in the form of loans extended to local companies; majority shareholding in two hotels and casinos: Savan Vegas and Paksong Vehas; ownership stakes in certain slot clubs; business know-how.
Summary: Claims arising out of multiplicity of the Government’s actions, including an 80% tax on casino revenues and allegedly unfair and oppressive audits of the claimant’s Savan Vegas Hotel and Casino. Subsequent to a settlement reached in this case in 2014, the claimant further alleged material breaches of the settlement agreement by the Government and infringement of the claimant’s gambling monopoly rights. |
Contributions made in the form of loans extended to local companies; majority shareholding in two hotels and casinos: Savan Vegas and Paksong Vehas; ownership stakes in certain slot clubs; business know-how. |
Decided in favour of State
|
Lao People's Democratic Republic |
Netherlands |
Tertiary: I - Accommodation and food service activities
Tertiary: R - Arts, entertainment and recreation |
55 - Accommodation
92 - Gambling and betting activities |
Binnie, I. - President
Hanotiau, B. - Claimant
Stern, B. - Respondent |
1000.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause
National treatment
Most-favoured nation treatment
Transfer of funds
Indirect expropriation |
None - all claims dismissed at the merits stage |
Decision on Jurisdiction dated 21 February 2014
Settlement Agreement dated 15 June 2014
Interim Ruling on Issues Arising Under the Deed of Settlement dated 19 December 2014
Decision on the Merits dated 10 June 2015
Decision on the Merits of Claimants' Second Material Breach Application dated 15 December 2017
Award dated 6 August 2019 |
None |
Judicial review by national courts
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts)
Award/decision upheld (Judicial review by national courts) |
Judgment of the Singapore International Commercial Court dated 10 September 2021 (Judicial review by national courts)
Judgment of the Court of Appeal of Singapore dated 24 November 2022 (Judicial review by national courts) |
None |
None |
82 |
2012
|
MNSS and RCA v. Montenegro
|
MNSS B.V. and Recupero Credito Acciaio N.V v. Montenegro (ICSID Case No. ARB(AF)/12/8)
|
Macedonia, The former Yugoslav Republic of - Netherlands BIT (1998) |
ICSID AF |
ICSID |
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. |
Majority shareholding in a steel production company located in Montenegro. |
Decided in favour of neither party (liability found but no damages awarded)
|
Montenegro |
Netherlands |
Secondary: C - Manufacturing |
24 - Manufacture of basic metals |
Rigo Sureda, A. - President
Gaillard, E. - Claimant
Stern, B. - Respondent
Schreuer, C. H. - Respondent (replaced) |
100.00 mln EUR (114.50 mln USD)
|
0.00 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Most-favoured nation treatment
Transfer of funds
Indirect expropriation
Direct expropriation |
Full protection and security, or similar |
Award dated 4 May 2016
Decision on the Request for Supplementary Decision dated 24 October 2016 |
None |
None |
None |
None |
None |
None |
83 |
2012
|
Novera v. Bulgaria
|
Novera AD, Novera Properties B.V. and Novera Properties N.V. v. Republic of Bulgaria (ICSID Case No. ARB/12/16)
|
Bulgaria - Netherlands BIT (1999) |
ICSID |
ICSID |
Investment: Rights under a waste management concession agreement for the city of Sofia, Bulgaria.
Summary: Claims arising out of the Government's early termination of a 15-year concession to provide waste collection, street cleaning and snow-clearing services in Sofia, Bulgaria, due to alleged health and safety concerns. |
Rights under a waste management concession agreement for the city of Sofia, Bulgaria. |
Data not available
|
Bulgaria |
Netherlands |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
38 - Waste collection, treatment and disposal activities; materials recovery |
Townsend, J. M. - President
Schwebel, S. M. - Claimant
Caron, D. D. - Respondent |
Data not available
|
Data not available
|
Data not available |
Data not available |
Award dated 27 August 2015 |
None |
None |
None |
None |
None |
None |
84 |
2012
|
Slovak Gas v. Slovakia
|
Slovak Gas Holding BV, GDF International SAS and E.ON Ruhrgas International GmbH v. Slovak Republic (ICSID Case No. ARB/12/7)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Shareholding of 49 per cent in the Slovakian natural gas supplier Slovenský plynárenský priemysel (SPP).
Summary: Claims arising out of legislative amendments affecting Slovakian price regulation in the gas sector that were allegedly in contravention of certain shareholder's agreement concluded between the claimants and Slovakia, among other actions allegedly resulting in financial losses for claimants' investment in a Slovakian gas company. |
Shareholding of 49 per cent in the Slovakian natural gas supplier Slovenský plynárenský priemysel (SPP). |
Settled
|
Slovakia |
France
Germany
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Landau, T. - President
Douglas, Z. - Claimant
Thomas, J. C. - Respondent |
Data not available
|
Non-pecuniary relief |
Indirect expropriation |
Not applicable - settled or discontinued before decision on liability |
Settlement deed dated 14 December 2012
Award embodying the parties' settlement agreement dated 19 March 2013 |
None |
None |
None |
None |
None |
None |
85 |
2011
|
Highbury v. Venezuela (I)
|
Highbury International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (I) (ICSID Case No. ARB/11/1)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Controlling shareholding in two Venezuelan subsidiary companies, Compañía Minera del Bajo Caroní and V.M.C. Mining Company, C.A., that held seven gold and diamonds mining concessions in Venezuela; rights under certain compensatory agreement.
Summary: Claims arising out of the Government's alleged coercive taking of the areas where claimants held mining concessions within the region of the Lower Caroní River without payment of compensation. |
Controlling shareholding in two Venezuelan subsidiary companies, Compañía Minera del Bajo Caroní and V.M.C. Mining Company, C.A., that held seven gold and diamonds mining concessions in Venezuela; rights under certain compensatory agreement. |
Decided in favour of State
|
Venezuela, Bolivarian Republic of |
Netherlands
Panama |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Barros Bourie, E. - President
Tawil, G. S. - Claimant
von Wobeser, C. - Respondent |
633.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
None - jurisdiction declined |
Award dated 26 September 2013 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 9 September 2019 (Spanish) (ICSID annulment proceedings) |
None |
Fernández Rozas, J. C. - President
Patocchi, P. M. - Member
Castellanos Howell, A. R. - Member |
86 |
2011
|
Khan Resources v. Mongolia
|
Khan Resources Inc., Khan Resources B.V. and Cauc Holding Company Ltd. v. the Government of Mongolia and Monatom Co., Ltd. (PCA Case No. 2011-09)
|
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Majority shareholding in Mongolian joint venture subsidiary that held uranium mining and exploration licenses in Mongolia.
Summary: Claims arising out of Mongolia’s cancellation of claimant's mining and exploration licenses for a uranium deposit located in the Dornod province in northeastern Mongolia. |
Majority shareholding in Mongolian joint venture subsidiary that held uranium mining and exploration licenses in Mongolia. |
Decided in favour of investor
|
Mongolia |
Canada
Netherlands
British Virgin Islands |
Primary: B - Mining and quarrying |
7 - Mining of metal ores |
Williams, D. A. R. - President
Fortier, L. Y. - Claimant
Hanotiau, B. - Respondent |
358.00 mln USD
|
80.00 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
Umbrella clause |
Decision on Jurisdiction dated 25 July 2012
Award dated 2 March 2015 |
None |
Judicial review by national courts |
Pending (Judicial review by national courts) |
None |
None |
None |
87 |
2011
|
Longreef v. Venezuela
|
Longreef Investments A.V.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/5)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Shareholding in a Venezuelan coffee production company.
Summary: Claims arising out of the Government's nationalization of Compañia Anónima Café Fama de América, a 120-year old coffee company in which the claimant had invested. |
Shareholding in a Venezuelan coffee production company. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
10 - Manufacture of food products |
Edward, D. A. O. - President
Gómez-Pinzón, E. - Claimant
Mourre, A. - Respondent (replaced)
Malintoppi, L. - Respondent |
500.00 mln USD
|
43.00 mln USD
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction dated 12 February 2014
Award dated 6 November 2017 |
None |
ICSID annulment proceedings |
Unknown (ICSID annulment proceedings) |
Decision on Annulment dated 27 July 2022 (ICSID annulment proceedings) |
None |
Pawlak, D. - President
Argueta Pinto, M. - Member
Bulnes Serrano, F. - Member |
88 |
2011
|
OIEG v. Venezuela
|
OI European Group B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Interests in two industrial plants for production and distribution of glass containers, held indirectly through two locally-incorporated companies.
Summary: Claims arising out of disagreements between the parties over the amount of compensation owed by the Government for the nationalization of two expropriated glass manufacturing plants in which the claimant had invested. |
Interests in two industrial plants for production and distribution of glass containers, held indirectly through two locally-incorporated companies. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
23 - Manufacture of other non-metallic mineral products |
Fernández-Armesto, J. - President
Orrego Vicuña, F. - Claimant
Mourre, A. - Respondent |
929.50 mln USD
|
372.40 mln USD
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
Award dated 10 March 2015 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Application for Annulment dated 6 December 2018 (ICSID annulment proceedings) |
None |
Castellanos Howell, A. R. - President
Bernardini, P. - Member
Pawlak, D. - Member |
89 |
2011
|
The PV Investors v. Spain
|
The PV Investors v. Spain (PCA Case No. 2012-14)
|
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Interests in photovoltaic energy installations in Spain.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Interests in photovoltaic energy installations in Spain. |
Decided in favour of investor
|
Spain |
Germany
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Kaufmann-Kohler, G. - President
Brower, C. N. - Claimant
Sepúlveda Amor, B. - Respondent |
1900.00 mln EUR (2200.00 mln USD)
|
91.10 mln EUR (99.80 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Bifurcation dated March 2013
Final Award dated 28 February 2020
Preliminary Award on Jurisdiction dated 13 October 2014 |
Concurring and Dissenting Opinion of Charles N. Brower
Concurring and Dissenting Opinion of Charles N. Brower |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Decision of the Swiss Federal Tribunal dated 23 February 2021 (French) (Judicial review by national courts) |
None |
None |
90 |
2011
|
Tulip Real Estate v. Turkey
|
Tulip Real Estate Investment and Development Netherlands B.V. v. Republic of Turkey (ICSID Case No. ARB/11/28)
|
Netherlands - Turkey BIT (1986) |
ICSID |
ICSID |
Investment: Majority shareholding in local investment vehicle that held rights under a license to complete a real estate development project in Turkey; loans; "direct out-of-pocket expenses"; performance bond.
Summary: Claims arising out of the alleged Government's termination of a mixed-use residential and commercial real estate development project in Istanbul, known as Ispartakule III, in which the claimant held interests. |
Majority shareholding in local investment vehicle that held rights under a license to complete a real estate development project in Turkey; loans; "direct out-of-pocket expenses"; performance bond. |
Decided in favour of State
|
Türkiye |
Netherlands |
Tertiary: L - Real estate activities |
68 - Real estate activities |
Griffith, G. - President
Jaffe, M. E. - Claimant
Knieper, R. - Respondent |
450.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
National treatment
Other |
None - all claims dismissed at the merits stage |
Award dated 10 March 2014
Decision on Bifurcated Jurisdictional Issue dated 5 March 2013 |
Separate Opinion of Michael Evan Jaffe on the Question of Attribution Under Art 8, ILC Articles (Award) |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 30 December 2015 (ICSID annulment proceedings) |
None |
Tomka, P. - President
Booth, C. - Member
Schreuer, C. H. - Member |
91 |
2011
|
Williams Companies and others v. Venezuela (I)
|
The Williams Companies, International Holdings B.V., WilPro Energy Services (El Furrial) Limited and WilPro Energy Services (Pigap II) Limited v. Bolivarian Republic of Venezuela (I) (ICSID Case No. ARB/11/10)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Rights under long term agreements for gas supply in Venezuela; ownership and operation of gas compression and injection plants.
Summary: Claims arising out of the Government's termination of claimants' long term agreements entered into with the national oil company PDVSA for gas compression and injection and gas supply in Venezuela, followed by the seizure of their assets under a nationalisation decree and the alleged failure to comply with payment obligations for services rendered before the companies' nationalisation. |
Rights under long term agreements for gas supply in Venezuela; ownership and operation of gas compression and injection plants. |
Settled
|
Venezuela, Bolivarian Republic of |
Netherlands
United Kingdom |
Primary: B - Mining and quarrying
Tertiary: D - Electricity, gas, steam and air conditioning supply |
6 - Extraction of crude petroleum and natural gas
35 - Electricity, gas, steam and air conditioning supply |
Tribunal not constituted |
1200.00 mln USD
|
420.00 mln USD
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order of the Secretary-General Taking Note of the Discontinuance of the Proceeding Pursuant to ICSID Arbitration Rule 45 dated 8 February 2017 |
None |
None |
None |
None |
None |
None |
92 |
2010
|
AES v. Kazakhstan
|
AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16)
|
Kazakhstan - United States of America BIT (1992)
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
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. |
Ownership of a number of power facilities and trading companies that held rights under long-term concessions concluded with the Government. |
Decided in favour of neither party (liability found but no damages awarded)
|
Kazakhstan |
United States of America
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Tercier, P. - President
Born, G. B. - President (replaced)
Sachs, K. - Claimant
Lowe, V. - Respondent |
1290.00 mln USD
|
0.00 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures
Transfer of funds
Full protection and security, or similar |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 1 November 2013 |
None |
None |
None |
None |
None |
None |
93 |
2009
|
ETI v. Bolivia (II)
|
E.T.I. Euro Telecom International N.V. v. Republic of Bolivia (II)
|
Bolivia, Plurinational State of - Netherlands BIT (1992) |
UNCITRAL |
PCA |
Investment: Shareholding in a Bolivian telecoms company.
Summary: Claims arising out of the Government's transfer of claimant's 50 per cent stake in the Bolivian telecoms company Entel to the State after the company was nationalized in 2007. |
Shareholding in a Bolivian telecoms company. |
Settled
|
Bolivia, Plurinational State of |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Simma, B. - President
Orrego Vicuña, F. - Claimant
Sands, P. - Respondent |
700.00 mln EUR (961.60 mln USD)
|
50.00 mln USD
|
Direct expropriation
Unclear |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
None |
None |
None |
None |
None |
94 |
2009
|
Holcim v. Venezuela
|
Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/09/3)
|
Switzerland - Venezuela, Bolivarian Republic of BIT (1993)
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Ownership interests in Venezuelan cement production enterprise.
Summary: Claims arising out of the Government's 2008 nationalization of foreign-owned cement companies in Venezuela, including the claimants, and the alleged cease of compensation negotiations between Holcim and the national oil company PDVSA. |
Ownership interests in Venezuelan cement production enterprise. |
Settled
|
Venezuela, Bolivarian Republic of |
Netherlands
Switzerland |
Secondary: C - Manufacturing |
23 - Manufacture of other non-metallic mineral products |
Fernández-Armesto, J. - President
Brower, C. N. - Claimant
Abi-Saab, G. - Respondent |
Data not available
|
650.00 mln USD
|
Direct expropriation |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
95 |
2009
|
Itera v. Georgia (II)
|
Itera International Energy LLC and Itera Group NV v. Georgia (II) (ICSID Case No. ARB/09/22)
|
Georgia - United States of America BIT (1994)
Georgia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services.
Summary: Claims arising out of the alleged restructuring of significant gas debts owed by Georgian state-owned entities to Itera and actions subsequently taken by Georgia that rendered the claimants’ investments valueless, including the bankruptcy proceedings of a chemical fertilizer plant in the city of Rustavi in which Itera had acquired a majority shareholding. |
Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services. |
Settled
|
Georgia |
United States of America
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Tribunal not constituted |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding issued by the Secretary-General dated 19 November 2010, pursuant to Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |
96 |
2009
|
KT Asia v. Kazakhstan
|
KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8)
|
Kazakhstan - Netherlands BIT (2002) |
ICSID |
ICSID |
Investment: Minority shareholding in the Kazakh entity BTA Bank.
Summary: Claims arising out of the Government's alleged forced nationalization of claimant's interest in BTA Bank, by means of Kazakhstan's acquisition of around 75 per cent of the shares of BTA through the National Welfare Fund Samruk-Kazyna. |
Minority shareholding in the Kazakh entity BTA Bank. |
Decided in favour of State
|
Kazakhstan |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Kaufmann-Kohler, G. - President
Glick, I. - Claimant
Thomas, J. C. - Respondent |
1500.00 mln USD
|
Data not available
|
Indirect expropriation |
None - jurisdiction declined |
Award dated October 17, 2013 |
None |
ICSID annulment proceedings |
Discontinued (ICSID annulment proceedings) |
Order for the discontinuance of the proceeding issued by the ad hoc Committee dated 20 November 2014, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e) (ICSID annulment proceedings) |
None |
Oreamuno Blanco, R. - President
Boo, L. - Member
Pryles, M. C. - Member |
97 |
2008
|
Achmea v. Slovakia (I)
|
Achmea B.V. (formerly Eureko B.V.) v. The Slovak Republic (I) (PCA Case No. 2008-13)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Ownership of company that had obtained a share of around 8.5 per cent in the Slovak health insurance market (wholly owned subsidiary).
Summary: Claims arising out of various legislative measures introduced by Slovakia that allegedly constituted a systematic reversal of the previous liberalisation of the Slovak health insurance market that had prompted the claimant to invest in the Slovak Republic’s health insurance sector. |
Ownership of company that had obtained a share of around 8.5 per cent in the Slovak health insurance market (wholly owned subsidiary). |
Decided in favour of investor
|
Slovakia |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Lowe, V. - President
van den Berg, A. J. - Claimant
Veeder, V. V. - Respondent
Tomka, P. - Respondent (replaced) |
65.00 mln EUR (84.70 mln USD)
|
22.00 mln EUR (28.80 mln USD)
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Transfer of funds |
Award on Jurisdiction, Arbitrability and Suspension dated 26 October 2010
Final Award dated 7 December 2012 |
None |
Judicial review by national courts
Judicial review by national courts
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts)
Award/decision upheld (Judicial review by national courts)
Award/decision set aside in its entirety (Judicial review by national courts) |
Judgment of the Higher Regional Court of Frankfurt dated 10 May 2012 (Judicial review by national courts)
Preliminary Decision of the German Federal Supreme Court dated 19 September 2013 (Judicial review by national courts)
Judgment of the Higher Regional Court of Frankfurt dated 18 December 2014 (Judicial review by national courts)
Decision of the Federal Court of Justice dated 3 March 2016 (Judicial review by national courts)
Judgment of the Grand Chamber of the European Court of Justice dated 6 March 2018 (Judicial review by national courts)
Decision of the German Federal Supreme Court dated 31 October 2018 (Judicial review by national courts) |
None |
None |
98 |
2008
|
Alapli v. Turkey
|
Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)
|
The Energy Charter Treaty (1994)
Netherlands - Turkey BIT (1986) |
ICSID |
ICSID |
Investment: Rights under a concession agreement for electricity generation concluded between a Turkish Ministry and a company that later assigned its rights to another company in which the claimant had acquired shares.
Summary: Claims arising out of a concession to develop, finance, construct, own, operate and transfer a combined cycle power plant in Turkey and a number of legislative changes in 2000 concerning infrastructure projects in Turkey. |
Rights under a concession agreement for electricity generation concluded between a Turkish Ministry and a company that later assigned its rights to another company in which the claimant had acquired shares. |
Decided in favour of State
|
Türkiye |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Park, W. W. - President
Lalonde, M. - Claimant
Stern, B. - Respondent |
100.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause |
None - jurisdiction declined |
Award dated 16 July 2012 |
Dissenting Opinion of Marc Lalonde (Award) |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 10 July 2014 (ICSID annulment proceedings) |
None |
Hanotiau, B. - President
Böckstiegel, K.-H. - Member
Khan, M. A. - Member |
99 |
2008
|
CEMEX v. Venezuela
|
CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Indirect ownership interest in the Venezuelan cement production company Cemex Venezuela.
Summary: Claims arising out of the Government's 2008 nationalization of foreign-owned cement companies in Venezuela, including the claimants, and disagreements over the amount of compensation owed to CEMEX. |
Indirect ownership interest in the Venezuelan cement production company Cemex Venezuela. |
Settled
|
Venezuela, Bolivarian Republic of |
Netherlands |
Secondary: C - Manufacturing |
23 - Manufacture of other non-metallic mineral products |
Guillaume, G. - President
von Mehren, R. - Claimant
Abi-Saab, G. - Respondent |
1200.00 mln USD
|
600.00 mln USD
|
Direct expropriation |
Not applicable - settled or discontinued before decision on liability |
Decision on Jurisdiction dated 30 December 2010
Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 15 February 2012, pursuant to ICSID Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |
100 |
2008
|
HICEE v. Slovakia
|
HICEE B.V. v. The Slovak Republic (PCA Case No. 2009-11)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Shareholding in two Slovakian health insurance companies, which were subsidiaries of another Slovakian entity in turn wholly owned by the claimant.
Summary: Claims arising out of the Government's adoption of a number of changes and amendments to the laws on health insurance since 2007, including an Act by which health insurance companies were prohibited from distributing profits and made subject to a cap on their permissible administrative expenses. |
Shareholding in two Slovakian health insurance companies, which were subsidiaries of another Slovakian entity in turn wholly owned by the claimant. |
Decided in favour of State
|
Slovakia |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Berman, F. - President
Brower, C. N. - Claimant
Tomka, P. - Respondent |
1000.00 mln EUR (1388.00 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
None - jurisdiction declined |
Partial Award dated 23 May 2011
Supplementary and Final Award dated 17 October 2011 |
Dissenting Opinion of Judge Charles N. Brower (Partial Award) |
None |
None |
None |
None |
None |
101 |
2008
|
Itera v. Georgia (I)
|
Itera International Energy LLC and Itera Group NV v. Georgia (I) (ICSID Case No. ARB/08/7)
|
Georgia - United States of America BIT (1994)
Georgia - Netherlands BIT (1998) |
ICSID |
ICSID |
Investment: Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services.
Summary: Claims arising out of the alleged restructuring of significant gas debts owed by Georgian state-owned entities to Itera and actions subsequently taken by Georgia that rendered the claimants’ investments valueless, including the bankruptcy proceedings of a chemical fertilizer plant in the city of Rustavi in which Itera had acquired a majority shareholding. |
Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services. |
Discontinued
|
Georgia |
Netherlands
United States of America |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Danelius, H. - President
Orrego Vicuña, F. - Claimant
Stern, B. - Respondent |
46.40 mln USD
|
Data not available
|
Unclear |
Not applicable - settled or discontinued before decision on liability |
Decision on the Admissibility of Ancillary Claims dated 4 December 2009
Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 19 November 2010, pursuant to ICSID Arbitration Rule 43(1) |
Dissenting Opinion of Professor Francisco Orrego Vicuña (Decision on the Admissibility of Ancillary Claims) |
None |
None |
None |
None |
None |
102 |
2008
|
Millicom v. Senegal
|
Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)
|
Netherlands - Senegal BIT (1979) |
ICSID |
ICSID |
Investment: Rights under a GSM concession concluded between the Senegalese Government and Milicom's Senegalese wholly-owned subsidiary.
Summary: Claims arising out of the Government's issuance of a decree revoking a 20-year telecommunications license that had been granted to Milicom's local subsidiary Sentel by a previous administration. |
Rights under a GSM concession concluded between the Senegalese Government and Milicom's Senegalese wholly-owned subsidiary. |
Settled
|
Senegal |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Tercier, P. - President
Hobér, K. - Claimant
Abraham, R. - Respondent |
Data not available
|
Non-pecuniary relief |
Direct expropriation
Most-favoured nation treatment |
Not applicable - settled or discontinued before decision on liability |
Decision on Jurisdiction of the Arbitral Tribunal dated 16 July 2010
Award embodying the parties' settlement agreement dated 27 November 2012 |
None |
None |
None |
None |
None |
None |
103 |
2007
|
Bureau Veritas v. Paraguay
|
Bureau Veritas, Inspection, Valuation, Assesment and Control, BIVAC B.V. v. Republic of Paraguay (ICSID Case No. ARB/07/9)
|
Netherlands - Paraguay BIT (1992) |
ICSID |
ICSID |
Investment: Rights under a pre-shipment inspection contract concluded between BIVAC and Paraguay's Ministry of Finance.
Summary: Claims arising out of Paraguay's alleged non-payment of invoices to the investor under a contract in which Bureau Veritas was to provide pre-shipment inspection support to the Paraguayan Customs Agency, to assist the collection of import duties. |
Rights under a pre-shipment inspection contract concluded between BIVAC and Paraguay's Ministry of Finance. |
Settled
|
Paraguay |
Netherlands |
Tertiary: M - Professional, scientific and technical activities |
74 - Other professional, scientific and technical activities |
Knieper, R. - President
Fortier, L. Y. - Claimant
Sands, P. - Respondent |
36.10 mln USD
|
21.00 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Not applicable - settled or discontinued before decision on liability |
Decision of the Tribunal on Objections to Jurisdiction dated 29 May 2009
Further Decision on Objections to Jurisdiction dated 9 October 2012
Order taking note of the discontinuance issued by the Tribunal dated 7 August 2014, pursuant to Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |
104 |
2007
|
ConocoPhillips v. Venezuela
|
ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Interests in two extra-heavy oil projects located in the Venezuelan region of the Orinoco Oil Belt, and in an offshore project for the extract of light to medium crude oil, under profit sharing agreements concluded with the Government.
Summary: Claims arising out of Venezuela's nationalization of three oil projects in which the claimants had interests, after having increased their applicable royalty rate and income tax. |
Interests in two extra-heavy oil projects located in the Venezuelan region of the Orinoco Oil Belt, and in an offshore project for the extract of light to medium crude oil, under profit sharing agreements concluded with the Government. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Keith, K. - President (replaced)
Fortier, L. Y. - Claimant
Abi-Saab, G. - Respondent (replaced)
Brownlie, I. - Respondent (replaced)
Bucher, A. - Respondent
Zuleta, E. - President |
30305.00 mln USD
|
8366.10 mln USD
|
Direct expropriation
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Direct expropriation |
Decision on Jurisdiction and Merits dated 3 September 2013
Decision on Respondent's Request for Reconsideration dated 10 March 2014
Decision on Respondent's Request for Reconsideration dated 9 February 2016
Interim Decision dated 17 January 2017
Award dated 8 March 2019
Decision on the Rectification of the Award dated 29 August 2019 |
Dissenting Opinion of Georges Abi-Saab (Decision on Jurisdiction and Merits)
Dissenting Opinion of Georges Abi-Saab (Decision on Respondent's Request for Reconsideration)
Dissenting Opinion of Andreas Bucher |
ICSID annulment proceedings |
Pending (ICSID annulment proceedings) |
None |
None |
Hascher, D. - President
Fernández Arroyo, D. P. - Member
Boo, L. - Member
Kim, K.-Y. - Member (replaced) |
105 |
2007
|
Eni Dación v. Venezuela
|
Eni Dación B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/4)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Hydrocarbon rights under an operating service contract concluded between claimant and the State-owned company PDVSA.
Summary: Claims arising out the investor's refusal to sign an amended contract which would allegedly grant a majority stake in its oil venture to the Venezuelan State and the subsequent seizure of its assets and the Government's nationalization of the Dación oil field in which the claimant, a Dutch subsidiary of Italy's oil and gas company Eni Spa, had invested. |
Hydrocarbon rights under an operating service contract concluded between claimant and the State-owned company PDVSA. |
Settled
|
Venezuela, Bolivarian Republic of |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Tribunal not constituted |
1000.00 mln USD
|
700.00 mln USD
|
Unclear |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance issued by the Acting Secretary-General dated 18 APril 2008, pursuant to ICSID Arbitration Rule 44 |
None |
None |
None |
None |
None |
None |
106 |
2007
|
ETI v. Bolivia (I)
|
E.T.I. Euro Telecom International N.V. v. Plurinational State of Bolivia (I) (ICSID Case No. ARB/07/28)
|
Bolivia, Plurinational State of - Netherlands BIT (1992) |
ICSID |
ICSID |
Investment: Shareholding in a Bolivian telecoms company.
Summary: Claims arising out of the Government's transfer of claimant's 50 per cent stake in the Bolivian telecoms company Entel to the State after the company was nationalized in 2007. |
Shareholding in a Bolivian telecoms company. |
Settled
|
Bolivia, Plurinational State of |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Simma, B. - President
Orrego Vicuña, F. - Claimant
Sands, P. - Respondent |
700.00 mln EUR (961.60 mln USD)
|
50.00 mln USD
|
Direct expropriation
Unclear |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 21 October 2009, pursuant to ICSID Arbitration Rule 44 |
None |
None |
None |
None |
None |
None |
107 |
2007
|
Invesmart v. Czech Republic
|
Invesmart v. Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Majority shareholding in Union Banka, a bank established under the laws of the Czech Republic.
Summary: Claims arising out of the alleged withdrawal by the Czech Republic of previous commitments to provide State support to the foreign-owned bank. |
Majority shareholding in Union Banka, a bank established under the laws of the Czech Republic. |
Decided in favour of State
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Pryles, M. C. - President
Bernardini, P. - Claimant
Thomas, J. C. - Respondent |
250.00 mln EUR (349.10 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Direct expropriation
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause |
None - all claims dismissed at the merits stage |
Award dated 26 June 2009 |
None |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
108 |
2007
|
Liman Caspian Oil v. Kazakhstan
|
Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Rights under a license to explore and extract hydrocarbons in Kazakhstan acquired by one of the claimants though an assignment agreement.
Summary: Claims arising out of the transfer of claimants' license to explore and extract hydrocarbons in the Liman block in Western Kazakhstan. |
Rights under a license to explore and extract hydrocarbons in Kazakhstan acquired by one of the claimants though an assignment agreement. |
Decided in favour of State
|
Kazakhstan |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Böckstiegel, K.-H. - President
Hobér, K. - Claimant
Crawford, J. R. - Respondent |
200.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - all claims dismissed at the merits stage |
Award dated 22 June 2010 |
None |
None |
None |
None |
None |
None |
109 |
2007
|
Mobil and others v. Venezuela
|
Mobil Cerro Negro Holding, Ltd., Mobil Cerro Negro, Ltd., Mobil Corporation and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Interests in two extra-heavy crude oil projects located in the Venezuelan region of the Orinoco Oil Belt, under profit sharing agreements concluded with the Government.
Summary: Claims arising out of Venezuela's nationalization of two oil projects in which the claimants had interests known as the Cerro Negro Project and La Ceiba Project (after having increased their applicable royalty rate and income tax) and subsequent disagreements between the parties concerning the amount of compensation owed to the investor. |
Interests in two extra-heavy crude oil projects located in the Venezuelan region of the Orinoco Oil Belt, under profit sharing agreements concluded with the Government. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Bahamas
United States of America
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Guillaume, G. - President
Kaufmann-Kohler, G. - Claimant
El-Kosheri, A. S. - Respondent |
14679.00 mln USD
|
1600.00 mln USD
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction dated 10 June 2010
Award of the Tribunal dated 9 October 2014 |
None |
ICSID annulment proceedings
ICSID resubmission proceedings |
Award/decision partially annulled (ICSID annulment proceedings)
Decided in favour of the investor (ICSID resubmission proceedings) |
Decision on Annulment dated 9 March 2017 (ICSID annulment proceedings)
Award dated 10 July 2023 (ICSID resubmission proceedings) |
None |
Berman, F. - President
Abraham, C. W. M. - Member
Knieper, R. - Member |
110 |
2007
|
Saba Fakes v. Turkey
|
Saba Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20)
|
Netherlands - Turkey BIT (1986) |
ICSID |
ICSID |
Investment: Majority shareholding in the Turkish telecommunications company Telsim.
Summary: Claims arising out of the receivership and the alleged subsequent forced sale by Turkish authorities of assets held by Telsim, a major mobile phone company in which the claimant had invested. |
Majority shareholding in the Turkish telecommunications company Telsim. |
Decided in favour of State
|
Türkiye |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Gaillard, E. - President
van Houtte, H. - Claimant
Lévy, L. - Respondent |
19000.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures
Other |
None - jurisdiction declined |
Decision on Preliminary Issues dated 6 October 2008
Award dated 14 July 2010 |
None |
None |
None |
None |
None |
None |
111 |
2007
|
Shell v. Nigeria (I)
|
Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (I) (ICSID Case No. ARB/07/18)
|
Netherlands - Nigeria BIT (1992) |
ICSID |
ICSID |
Investment: Rights under an ultra-deep offshore production sharing agreement concluded between Nigeria's national oil company and the claimant.
Summary: Claims arising out of the alleged breach of a production-sharing contract concluded between Shell Nigeria and Nigeria's state oil company (NNPC), after the State ordered NNPC's portion of the venture to be handed over to a private company, Malabu Oil and Gas, with which the claimant had farmed the relevant exploration block. |
Rights under an ultra-deep offshore production sharing agreement concluded between Nigeria's national oil company and the claimant. |
Discontinued
|
Nigeria |
Netherlands |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Fernández-Armesto, J. - President
Elaraby, N. - President (replaced)
Park, W. W. - Claimant
Gharavi, H. G. - Respondent |
1800.00 mln USD
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 1 August 2011, pursuant to ICSID Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |
112 |
2006
|
Azpetrol v. Azerbaijan
|
Azpetrol International Holdings B.V., Azpetrol Group B.V. and Azpetrol Oil Services Group B.V. v. Republic of Azerbaijan (ICSID Case No. ARB/06/15)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Shareholding in the Dutch-incorporated companies Azpetrol Group and Azpetrol Oil Services Group, engaged in oil and gas distribution, trade, storage and transportation activities.
Summary: Claims arising out of Azpetrol International Holdings’s loss of its shares in Azpetrol Group and Azpetrol Oil Services Group, after an Azerbaijan court decided the original purchase contract had been ineffective, and returned the shares to their former owner. |
Shareholding in the Dutch-incorporated companies Azpetrol Group and Azpetrol Oil Services Group, engaged in oil and gas distribution, trade, storage and transportation activities. |
Decided in favour of State
|
Azerbaijan |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply
Tertiary: H - Transportation and storage
Tertiary: H - Transportation and storage |
35 - Electricity, gas, steam and air conditioning supply
49 - Land transport and transport via pipelines
52 - Warehousing and support activities for transportation |
Feliciano, F. P. - President
Watts, A. - President (replaced)
Brower, C. N. - Claimant
Greenwood, C. - Respondent |
300.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures
Other |
None - jurisdiction declined |
Award dated 8 September 2009 |
None |
None |
None |
None |
None |
None |
113 |
2006
|
Oostergetel v. Slovakia
|
Jan Oostergetel and Theodora Laurentius v. The Slovak Republic
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
None |
Investment: Majority shareholding in a yarn and thread manufacturing enterprise, Bratislavská cvernová továreň (BCT) that had been privatised by the Government.
Summary: Claims arising out of alleged actions and omissions by the Slovak authorities that resulted in BCT's bankruptcy, including actions taken by a Bratislava court and the local tax office. |
Majority shareholding in a yarn and thread manufacturing enterprise, Bratislavská cvernová továreň (BCT) that had been privatised by the Government. |
Decided in favour of State
|
Slovakia |
Netherlands |
Secondary: C - Manufacturing |
13 - Manufacture of textiles |
Kaufmann-Kohler, G. - President
Briner, R. - President (replaced)
Wladimiroff, M. - Claimant
Trapl, V. - Respondent |
1359.00 mln SKK (63.00 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - all claims dismissed at the merits stage |
Decision on Jurisdiction dated 30 April 2010
Final Award dated 23 April 2012 |
None |
None |
None |
None |
None |
None |
114 |
2006
|
Rail World v. Estonia
|
Rail World LLC and others v. Republic of Estonia (ICSID Case No. ARB/06/6)
|
Estonia - Netherlands BIT (1992)
Estonia - United States of America BIT (1994) |
ICSID |
ICSID |
Investment: Rights under an operations contract concluded with the State concerning railway related services.
Summary: Claims arising out of Estonia's renationalisation of its national railway, which allegedly reversed a planned privatisation and modified claimants' rail operations contract. |
Rights under an operations contract concluded with the State concerning railway related services. |
Settled
|
Estonia |
Netherlands
United States of America |
Tertiary: F - Construction |
42 - Civil engineering |
Kaufmann-Kohler, G. - President
Böckstiegel, K.-H. - Claimant
Gaillard, E. - Respondent
Raeside, M. - Respondent (replaced) |
440.00 mln USD
|
200.00 mln USD
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance issued by the Tribunal dated 5 February 2007, pursuant to Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |
115 |
2006
|
Rompetrol v. Romania
|
The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3)
|
Netherlands - Romania BIT (1994) |
ICSID |
ICSID |
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. |
Controlling shareholding in Rompetrol Rafinare S.A., a privatised Romanian company which owned and operated an oil refinery and petrochemical complex. |
Decided in favour of neither party (liability found but no damages awarded)
|
Romania |
Netherlands |
Secondary: C - Manufacturing |
19 - Manufacture of coke and refined petroleum products |
Berman, F. - President
Donovan, D. - Claimant
Lalonde, M. - Respondent |
100.00 mln USD
|
0.00 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Other |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Other |
Decision on Respondent’s Preliminary Objections on Jurisdiction and Admissibility dated 18 April 2008
Award dated 6 May 2013 |
None |
None |
None |
None |
None |
None |
116 |
2006
|
Shell v. Nicaragua
|
Shell Brands International AG and Shell Nicaragua S.A. v. Republic of Nicaragua (ICSID Case No. ARB/06/14)
|
Netherlands - Nicaragua BIT (2000) |
ICSID |
ICSID |
Investment: Intellectual property rights, i.e. trademarks concerning the Shell logo and brand name in Nicaragua.
Summary: Claims arising out of Nicaragua's alleged seizure of trademarks of the investors after a local court issued a USD 489 million judgment against Shell Oil in a class action suit by former banana workers, which had alleged damages arising from a myriad of health effects linked to banana pesticides supposedly supplied by Shell Oil. |
Intellectual property rights, i.e. trademarks concerning the Shell logo and brand name in Nicaragua. |
Settled
|
Nicaragua |
Netherlands |
Secondary: C - Manufacturing |
20 - Manufacture of chemicals and chemical products |
Tribunal not constituted |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance issued by the Secretary-General dated 12 March 2007, pursuant to ICSID Arbitration Rule 44 |
None |
None |
None |
None |
None |
None |
117 |
2005
|
Funnekotter v. Zimbabwe
|
Bernardus Henricus Funnekotter and others v. Republic of Zimbabwe (ICSID Case No. ARB/05/6)
|
Netherlands - Zimbabwe BIT (1996) |
ICSID |
ICSID |
Investment: Direct and indirect ownership of large commercial farms in Zimbabwe.
Summary: Claims arising out of the enactment of a Land Acquisition Act and other measures authorizing the Government to acquire compulsorily any rural land when the acquisition was deemed necessary for agricultural settlement purposes under which the claimants' properties were allegedly expropriated without compensation, including the presence of war veterans and settlers that forced the claimants to vacate their farms. |
Direct and indirect ownership of large commercial farms in Zimbabwe. |
Decided in favour of investor
|
Zimbabwe |
Netherlands |
Primary: A - Agriculture, forestry and fishing |
1 - Crop and animal production, hunting and related service activities |
Guillaume, G. - President
Cass, R. A. - Claimant
Wasi Zafar, M. - Respondent |
12.40 mln EUR (15.60 mln USD)
|
8.20 mln EUR (10.60 mln USD)
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Direct expropriation |
Award dated 22 April 2009 |
None |
None |
None |
None |
None |
None |
118 |
2005
|
I&I Beheer v. Venezuela
|
I&I Beheer B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/05/4)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Ownership of promissory notes originally issued by a Venezuelan State-owned bank.
Summary: Claims arising out of the alleged non-payment of two promissory notes acquired by the claimant that had been originally issued in 1981 by Venezuela's State-owned agricultural development bank, Bandagro. |
Ownership of promissory notes originally issued by a Venezuelan State-owned bank. |
Discontinued
|
Venezuela, Bolivarian Republic of |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Böckstiegel, K.-H. - President
Brower, C. N. - Claimant
Dupuy, P.-M. - Respondent |
300.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance issued by the Tribunal dated 28 December 2007, pursuant to Article 44 of the ICSID Convention |
None |
None |
None |
None |
None |
None |
119 |
2005
|
K+ VP v. Czech Republic
|
K+ Venture Partners v. Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Ownership of local subsidiary that had contracted with the Czech Ministry of Local Development for investment in local businesses.
Summary: Claims arising out of the termination of a contract concluded between the Dutch firm's Czech subsidiary and Czech authorities despite allegedly achieving the agreed results, and involving unpaid contractual premium for administration of certain public funds. |
Ownership of local subsidiary that had contracted with the Czech Ministry of Local Development for investment in local businesses. |
Settled
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Sachs, K. - President
Reichert, K. - Unknown
Wälde, T. W. - Unknown |
140.00 mln CZK (7.60 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
None |
None |
None |
None |
None |
120 |
2005
|
Mittal v. Czech Republic
|
Mittal Steel Company N.V. v. Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Production and distribution of basic metals, including steel and iron.
Summary: Claims arising out of the respondent's alleged discriminatory treatment to the investor in connection with the privatization of the local steel enterprise Vitkovice Steel; particularly, the exclusion of the claimant from bidding on Vitkovice. |
Production and distribution of basic metals, including steel and iron. |
Settled
|
Czechia |
Netherlands |
Secondary: C - Manufacturing |
24 - Manufacture of basic metals |
Steyn, J. - President
Bernardini, P. - Unknown
Greenwood, C. - Unknown |
1400.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
None |
None |
None |
None |
None |
121 |
2005
|
TSA Spectrum v. Argentina
|
TSA Spectrum de Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/05/5)
|
Argentina - Netherlands BIT (1992) |
ICSID |
ICSID |
Investment: Ownership of local subsidiary that had concluded a contract with Argentina's telecommunications authority for the administration, management and control of the radio spectrum.
Summary: Claims arising out of the termination of the concession contract entered into with the claimant through a resolution deciding that the national's telecommunications authority would operate the installations and assets that were the object of the contract due to the investor's alleged illicit enrichment. |
Ownership of local subsidiary that had concluded a contract with Argentina's telecommunications authority for the administration, management and control of the radio spectrum. |
Decided in favour of State
|
Argentina |
Netherlands |
Tertiary: J - Information and communication |
61 - Telecommunications |
Danelius, H. - President
Aldonas, G. D. - Claimant
Abi-Saab, G. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
None - jurisdiction declined |
Award dated19 December 2008 |
Dissenting Opinion of Arbitrator Grant D. Aldonas (Award)
Concurring Opinion of Arbitrator Georges Abi-Saab (Award) |
None |
None |
None |
None |
None |
122 |
2004
|
ABCI Investments v. Tunisia
|
ABCI Investments Limited v. Republic of Tunisia (ICSID Case No. ARB/04/12)
|
Netherlands - Tunisia BIT (1963)
Netherlands - Tunisia BIT (1998) |
ICSID |
ICSID |
Investment: Acquisition of shares in a banking institution.
Summary: Claims arising out of the alleged takeover of claimant's controlling stake in a French-Tunisian bank by duress, including criminal proceedings against shareholders taken by the respondent following claimant's attempts to enforce an ICC award. |
Acquisition of shares in a banking institution. |
Decided in favour of State
|
Tunisia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Orrego Vicuña, F. - President (replaced)
Bernardini, P. - Claimant (replaced)
Kaufmann-Kohler, G. - Respondent (replaced)
Stern, B. - Respondent (replaced)
Hanotiau, B. - President
Fortier, L. Y. - Claimant
Tercier, P. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - jurisdiction declined |
Decision on Jurisdiction dated 18 February 2011
Decision on Liability dated 17 July 2017
Award dated 22 December 2023 |
Dissenting Opinion of Professor Brigitte Stern (Decision on Jurisdiction) |
None |
None |
None |
None |
None |
123 |
2004
|
ABN Amro v. India
|
ABN Amro N.V. v. Republic of India
|
India - Netherlands BIT (1995) |
UNCITRAL |
None |
Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.
Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project. |
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. |
Settled
|
India |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Schreuer, C. H. - Unknown
Greenwood, C. - Unknown
Name not available - President |
42.80 mln USD
|
Non-pecuniary relief |
Data not available |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
124 |
2004
|
Eastern Sugar v. Czech Republic
|
Eastern Sugar B.V. v. The Czech Republic (SCC Case No. 088/2004)
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
SCC |
Investment: Interests in local sugar producing facilities.
Summary: Claims arising out of various regulatory sugar regimes put in place by the respondent from 2000 onwards; particularly, the Czech Republic’s allocation of sugar quotas based on the European Union’s agricultural quota system that allegedly affected the claimant's investments. |
Interests in local sugar producing facilities. |
Decided in favour of investor
|
Czechia |
Netherlands |
Secondary: C - Manufacturing |
10 - Manufacture of food products |
Karrer, P. A. - President
Volterra, R. - Claimant
Gaillard, E. - Respondent |
88.50 mln EUR (113.10 mln USD)
|
25.40 mln EUR (33.70 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Final Award dated 12 April 2007
Partial Award dated 27 March 2007 |
Partial Dissenting Opinion of Robert Volterra (Final Award) |
None |
None |
None |
None |
None |
125 |
2004
|
Interbrew v. Slovenia
|
Interbrew v. Slovenia (ICSID Case No. ARB/04/17)
|
Netherlands - Slovenia BIT (1996) |
ICSID |
ICSID |
Investment: Minority shareholding in the second largest local brewer company.
Summary: Claims arising out of the alleged role of the Slovenian Government concerning the acquisition of equity interests in the second largest local brewer Pivovarna Union. |
Minority shareholding in the second largest local brewer company. |
Settled
|
Slovenia |
Netherlands |
Secondary: C - Manufacturing |
11 - Manufacture of beverages |
Orrego Vicuña, F. - President
Brower, C. N. - Claimant
Feliciano, F. P. - Respondent |
Data not available
|
70.70 mln USD
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance issued by the Tribunal dated 18 July 2005, pursuant to ICSID Arbitration Rule 44 |
None |
None |
None |
None |
None |
None |
126 |
2004
|
Offshore Power v. India
|
Offshore Power Production C.V., Travamark Two B.V., EFS India-Energy B.V., Enron B.V., and Indian Power Investments B.V. v. Republic of India
|
India - Netherlands BIT (1995) |
UNCITRAL |
None |
Investment: Majority shareholding, through subsidiary company, of the Indian Dabhol Power Company.
Summary: Claims arising out of respondent alleged failure to protect claimants' investment in the Dabhol power plant project in India, which resulted in significant losses to the claimants' financing of the failed project. |
Majority shareholding, through subsidiary company, of the Indian Dabhol Power Company. |
Settled
|
India |
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Lalonde, M. - Unknown
Cooke, L. - Unknown
Name not available - President |
4000.00 mln USD
|
Non-pecuniary relief |
Data not available |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
127 |
2004
|
Trinh and Binh Chau v. Viet Nam (I)
|
Trinh Vinh Binh and Binh Chau Joint Stock Company v. Socialist Republic of Viet Nam (I)
|
Netherlands - Viet Nam BIT (1994) |
UNCITRAL |
SCC |
Investment: Ownership of a food-processing factory, a garment factory and various tourism assets.
Summary: Claims arising out of the alleged unlawful confiscation of real estate and other claimants' assets without compensation, including the criminal conviction of Mr. Trinh. |
Ownership of a food-processing factory, a garment factory and various tourism assets. |
Settled
|
Viet Nam |
Netherlands |
Secondary: C - Manufacturing
Tertiary: L - Real estate activities |
10 - Manufacture of food products
68 - Real estate activities |
Baker, C. M. - President
Hobér, K. - Unknown
Stern, B. - Unknown |
100.00 mln USD
|
Data not available
|
Direct expropriation |
Not applicable - settled or discontinued before decision on liability |
Award dated 14 March 2007 |
None |
None |
None |
None |
None |
None |
128 |
2003
|
Eureko v. Poland
|
Eureko B.V. v. Republic of Poland
|
Netherlands - Poland BIT (1992) |
UNCITRAL |
None |
Investment: Shareholding in an insurance enterprise owned by the Polish State Treasury.
Summary: Claims arising out of the privatisation of a Polish insurance company and subsequent alleged actions by the Minister of the State Treasury of Poland which negatively affected the corporate governance of the company in which the claimants had invested. |
Shareholding in an insurance enterprise owned by the Polish State Treasury. |
Settled
|
Poland |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Fortier, L. Y. - President
Schwebel, S. M. - Claimant
Rajski, J. - Respondent |
10000.00 mln USD
|
12750.00 mln PLN (4379.00 mln USD)
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Partial Award dated 19 August 2005 |
Dissenting Opinion of Mr. Jerzy Rajski (Partial Award) |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Setting Aside of Award, Judgment of Court of First Instance of Brussels dated 23 November 2006 (Judicial review by national courts) |
None |
None |
129 |
2002
|
Aguas del Tunari v. Bolivia
|
Aguas del Tunari S.A. v. Republic of Bolivia (ICSID Case No. ARB/02/3)
|
Bolivia, Plurinational State of - Netherlands BIT (1992) |
ICSID |
ICSID |
Investment: Rights under a concession contract for the provision of water and sewerage services to the City of Cochabamba, Bolivia.
Summary: Claims arising out of alleged actions and omissions of the government leading up to the rescission of a concession agreement entered into with the claimant. |
Rights under a concession contract for the provision of water and sewerage services to the City of Cochabamba, Bolivia. |
Settled
|
Bolivia, Plurinational State of |
Netherlands |
Tertiary: E - Water supply; sewerage, waste management and remediation activities
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
36 - Water collection, treatment and supply
37 - Sewerage |
Caron, D. D. - President
Álvarez, H. C. - Claimant
Alberro-Semerena, J. L. - Respondent |
50.00 mln USD
|
Data not available
|
Unclear |
Not applicable - settled or discontinued before decision on liability |
Decision on Jurisdiction dated 21 October 2005
Order taking note of the discontinuance issued by the Tribunal dated 28 March 2006, pursuant to ICSID Arbitration Rule 44 |
Dissenting Declaration of Jose Luis Alberro-Semerena (Decision on Jurisdiction) |
None |
None |
None |
None |
None |
130 |
2001
|
Saluka v. Czech Republic
|
Saluka Investments BV v. The Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
PCA |
Investment: Ownership of a controlling block of shares from the Czech state-owned bank IPB.
Summary: Claims arising out of the imposition of a forced administration upon the investor's banking enterprise by the Czech National Bank. |
Ownership of a controlling block of shares from the Czech state-owned bank IPB. |
Settled
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Watts, A. - President
Lauterpacht, E. - President (replaced)
Fortier, L. Y. - Claimant
Price, D. M. - Claimant (replaced)
Behrens, P. - Respondent |
1900.00 mln USD
|
6000.00 mln CZK (281.00 mln USD)
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction over the Czech Republic's Counterclaim dated 7 May 2004
Partial Award dated 17 March 2006 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Decision of the Swiss Federal Tribunal dated 7 September 2006 (Judicial review by national courts) |
None |
None |
131 |
2000
|
CME v. Czech Republic
|
CME Czech Republic B.V. v. The Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Ownership interest in broadcasting company holding an exclusive broadcasting license; assets including tangible (buildings, studio equipment) and intangible (intellectual property rights) property.
Summary: Claims arising out of actions and omissions attributed to the Media Council, an organ of the Czech Republic that allegedly commercially destroyed the broadcasting station operator which was partly owned by the investor. |
Ownership interest in broadcasting company holding an exclusive broadcasting license; assets including tangible (buildings, studio equipment) and intangible (intellectual property rights) property. |
Decided in favour of investor
|
Czechia |
Netherlands |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
Kühn, W. - President
Schwebel, S. M. - Claimant
Hándl, J. - Respondent |
495.20 mln USD
|
270.00 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Partial Award dated 13 September 2001
Final Award dated 14 March 2003 |
Dissenting opinion of the Arbitrator JUDr Jaroslav Hándl (Partial Award) |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Challenge of Arbitral Award, Judgment of SVEA Court of Appeal published at 42 ILM 919, dated 15 May 2003 (Judicial review by national courts) |
None |
None |
132 |
1996
|
FEDAX v. Venezuela
|
FEDAX N.V. v. The Republic of Venezuela (ICSID Case No. ARB/96/3)
|
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Ownership of government promissory notes.
Summary: Claims arising out of the alleged lack of payment of certain debt instruments issued by the Government which were assigned by way of endorsement to the claimant. |
Ownership of government promissory notes. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Orrego Vicuña, F. - President
Heth, M. - Claimant
Owen, B. R. - Respondent |
0.60 mln USD
|
0.60 mln USD
|
Umbrella clause |
Umbrella clause |
Decision on Jurisdiction dated 11 July 1997
Award dated 9 March 1998 |
None |
None |
None |
None |
None |
None |