…Indirect expropriation refers to a situation “in which an action or series of actions by a Party has an effect equivalent to direct expropriation without formal transfer of title or…

…questions in respect of pathological arbitration agreements but has also highlighted the ineffectiveness of the “Negative Effect” of the doctrine of Kompetenz-Kompetenz, given the possible annulment of the arbitral award…

…This approach is incorrect, because it gives extraterritorial effect to the Arbitration Act which it does not have. Article 1 of the Arbitration Act expressly limits its scope to arbitrations…

…144, 408).   Expropriation Expropriation claims under investment treaties include both direct expropriation and indirect expropriation. While direct expropriation—the State’s outright seizure or assumption of legal title over the assets…

…to make an assessment of the incidences of corruption that could affect the object of the arbitration and decide on the civil consequences of these incidences with respect to the…

…extractive sector. As mentioned, while States have a duty under international law to protect human rights, corporations arguably have a reciprocal responsibility to respect those rights. This view goes hand…

…or include more detailed clauses on indirect expropriation in their international investment agreements. Many States argue that the concept of indirect expropriation interferes with their rights to regulate, and amend…