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The State's Power to Tax in the Investment Arbitration of Energy Disputes: Outer Limits and the Energy Charter Treaty


ISBN13: 9789403517520
Published: September 2020
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £157.00



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The State’s Power to Tax in the Investment Arbitration of Energy Disputes reviews and maps out existing case law pertaining to the treatment of tax measures in the context of energy disputes providing the first in-depth exploration of the intersection between the treaty investment protection regime and taxation measures. States today are expected not only to regulate the efficient and safe production and distribution of energy to end-users but also to incentivize increased production of energy and the transition to clean energy. In recent years, states are increasingly relying on taxation measures to address the economic challenges affecting the energy sector.

What’s in this book:

With the analysis of all known and pending cases under the Energy Charter Treaty (ECT), as well as non-ECT cases and bilateral investment treaties which have heavily influenced ECT jurisprudence, the author develops a deeply informed energy tax policy that greatly mitigates the points of tension in the current regime. He closely investigates the following elements of the subject:

  • aligning the ECT Taxation Article with the taxation articles of other investment treaties
  • tracing current case law to the original arbitration decisions involving tax measures
  • extrapolating the interplay of taxation provisions with substantive standards of investment protection as reviewed by international arbitral tribunals
  • evaluating the outer limits of the state’s power to tax under investment treaties and public international law, and
  • addressing how the Yukos arbitration case has changed the framework of taxation issues in investment arbitration

In a clear and concise manner, the author reviews the rising number of tax-related investment arbitrations emerging not only from the ECT but also from the investment protection instruments that carry an impact on the energy sector providing the necessary framework to dissect any taxation chapter of an investment treaty.

How this will help you:

The book takes a giant step toward meeting the ECT’s mandate to promote long-term cooperation in the energy field with a set of defined objectives focusing on trade, cooperation, energy efficiency, and environmental protection. It will be of immeasurable value to states in developing new initiatives for the future so as to offer a useful instrument for states in drawing their taxation policy and investment incentives. Practitioners and academics with a focus on international arbitration will benefit from the book’s systematic approach that offers a rich inventory of existing and new questions that arise from the need for investment funds and the complex taxation provisions of investment protection treaties.

Subjects:
Taxation, Energy and Natural Resources Law, Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Preface
List of Abbreviations
List of Figures
List of Tables
Acknowledgments
CHAPTER 1. Introduction
CHAPTER 2. The Energy Charter Treaty and Its Provisions on the State’s Power to Tax
CHAPTER 3. Much Ado about Tax
CHAPTER 4. The Taxation Article in the ECT and Other Select BITs
CHAPTER 5. Case Law Review
CHAPTER 6. Proposals
CHAPTER 7. Conclusion

Appendices:
APPENDIX 5.1: Timeline of Uncontested Events in the Yukos Disputes
APPENDIX 5.2: RES Timeline for Ecuador and Disputed Interests Triggered by the Respective Cases
APPENDIX 5.3: RES Timeline for The Czech Republic
APPENDIX 5.4: RES Timeline for Italy
APPENDIX 5.5: RES Timeline for Spain
APPENDIX 5.6: Deep Dive into the Spanish Cases
APPENDIX 5.7: Summary Figures for ECT Cases
Bibliography
Table of Authorities
Index

Series: International Arbitration Law Library

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Published December 2021
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Published March 2021
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£173.00
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Autonomous Versus Domestic Concepts under the New York Convention ISBN 9789403531731
Published March 2021
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£173.00
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Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
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£148.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
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£144.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
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£164.00
The Functions of Arbitral Institutions (eBook) ISBN 9789041162205
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Kluwer Law International
£189.00
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Published August 2016
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£189.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£204.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£211.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£217.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£204.00
£204.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£204.00
£204.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£204.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£204.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£185.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£185.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£185.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£231.00
£182.00
£197.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£177.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£187.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£239.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£187.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£257.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£300.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£154.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£207.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£195.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print
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