Indirect Expropriation Under the EVIPA
摘要
This Chapter provides a comprehensive examination of the provisions regarding indirect expropriation within the EVIPA. The primary aim of this chapter is to evaluate the effectiveness of the changes introduced in EVIPA, particularly concerning one of the most commonly referenced provisions in investor claims in international investment arbitration. The analysis shows that, compared to contemporaneously negotiated or drafted agreements, such as Canada 2021 Model FIPA, the provisions on indirect expropriation in EVIPA do not demonstrate significant innovations. This observation may be attributed to a deliberate policy choice made by the signatories. While Annex 4 of the EVIPA may not be universally praised for its detail and comprehensiveness, it does provide a basic framework for arbitral tribunals to follow the parties’ original intentions when evaluating specific measures. Importantly, these disputes will be under the jurisdiction of the ICS rather than any alternative arbitral tribunal, adding an extra layer of assurance for a standardised interpretation of these provisions. The adjudicative procedures developed by the ICS will gradually enhance the predictability of dispute resolution.