bilaterals.org logo
bilaterals.org logo

Netherlands


Netherlands draft model BIT (May 2018)
As released by the Dutch Government
The CJEU ruling in Achmea: death sentence for autonomous investment protection tribunals
My prediction for CETA and TTIP is that an opinion would be a death sentence for the investment protection provisions, since they are capable of being applied to various aspects of EU law.
The CJEU in Slovakia v Achmea or is justice best served cold?
CJEU’s decision in Slovakia v Achmea finally bringing justice to the most recent members of the EU.
The CJEU strikes again in Achmea. Is this the end of investor-State arbitration under intra-EU BITs?
In this short analysis, I will point out the broader implications for the EU’s investment law and policy.
Slovakia payment to Dutch company overturned
Slovakia will no longer have to compensate Achmea B.V., the shareholder of Union ZP health insurer, for €22 million in damage.
New ECJ ruling could spell the end of 200 intra-EU investment agreements and would be a big win for environmental protection in Europe
ISDS is not only an unwelcome tool that allows multinational corporations to put pressure on public interest decision-making, it is also incompatible with EU law.
The arbitration clause in the Agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law
That clause removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law.
Following mining and oil tax payments down the rabbit hole
How poor countries like Mongolia may be losing millions because of corporate tax practices and legal loopholes.
Golf lawsuit threatens to shut down Friends of the Earth Croatia
In September 2017, the investor filed a €500 million ISDS claim against the Republic of Croatia at an arbitration tribunal because the "state [had taken] away their development licences"
Government opposes merger of Vodafone Group’s two arbitrations
The government has opposed Vodafone Group’s proposal to merge its two arbitration cases against India, and sought an injunction from Delhi High Court to stop the telco from proceeding with the second arbitration filed in the UK, saying it was an "abusive action".
Total evicts people from their land in Uganda
The French oil company Total evicts people from their land in Uganda to make room for an oil processing facility.
Vodafone to consolidate two international arbitrations if India agrees
Vodafone Group has said it would agree to consolidate its two international arbitrations initiated against India in connection with a tax demand of ₹11,000 crore, if the country were to agree as well.
AG Wathelet in C-284/16 Achmea: Saving ISDS?
The Opinion misses the much needed opportunity for a thorough and balanced reflection on the many challenges that ISDS, and investment disputes in general, pose to the EU legal and judicial system.
Leaked documents reveal how Shell blackmailed Nigeria in Malabu deal
Shell used an arbitration case it filed with the International Centre for the Settlement of International Disputes to railroad the government into brokering truce between it and Malabu Oil and Gas Ltd, its estranged erstwhile partner and the original licensee.
Churchill update on award annulment application
The company is currently considering the Republic of Indonesia’s counter memorial on annulment, which was submitted on 20 Oct.
African Petroleum seeks arbitration over Gambia oil dispute
African Petroleum Corp has begun arbitration proceedings over Gambia’s decision to strip the company of its rights to explore for oil in two offshore areas.
La CJUE interrogée sur la validité de la clause d’arbitrage prévue par un TBI conclu entre États membres
L’avocat général, M. Wathelet, prend position sur la clause d’arbitrage du traité bilatéral conclu entre les Pays-Bas et la Slovaquie et estime que celle-ci est compatible avec le principe de non-discrimination, avec le mécanisme de renvoi préjudiciel et avec le principe d’autonomie du système juridique de l’Union européenne.
EU court adviser says arbitration clause in investment treaty is legal
An arbitration clause in an investment treaty between the Netherlands and Slovakia does not violate EU law, an adviser to the EU’s top court said.
Russian energy firm Inter RAO demands $175m from Government of Georgia
Inter RAO structures claim $175 million loss was due to a refusal to raise energy tariffs when the Georgian national currency Lari was devaluated.
Vodafone versus India: A BIT of confusion
By restraining a foreign investor from pursuing a claim under a bilateral investment treaty (BIT), the Delhi high court is coming in way of India’s accountability being tested under international law.