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Expropriation in Investment Treaty Arbitration by Cox, Johanne M (9th May 2019)

Part II The Test for Expropriaton, 8 Contractual Expropriation

From: Expropriation in Investment Treaty Arbitration

Johanne M. Cox

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 October 2019

Subject(s):
Expropriation — Investor

This chapter examines the concept of contractual expropriation. It considers various cases that affirm the principle that contract rights can be expropriated, including Chorzow Factory, Phillips Petroleum Company v Islamic Republic of Iran, Consortium RFCC v Morocco, Eureko BV v Poland, Vigotop Limited v Hungary, Impregilo S.p.A. v. Islamic Republic of Pakistan, Azurix Corp v the Argentine Republic, and Biwater Gauff (Tanzania) Ltd., v. United Republic of Tanzania. Other cases illustrate the distinction between breach of contract and expropriation, such as those brought by Canadian investors against Venezuela under the Canada–Venezuela BIT signed on 1 July 1996: for example, Vannessa Ventures Limited v Venezuela and Crystallex International Corporation v Venezuela.

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