Financial stability

Investor-state dispute settlement (ISDS) is one of the greatest threats to the re-regulation of finance. ISDS empowers the very firms that financial regulation seeks to govern. These firms can bypass host country domestic courts and directly challenge domestic policies in a parallel system of justice.

Financial and non-financial firms have increasingly used ISDS provisions in trade agreements to challenge financial regulations and emergency financial stability measures.

As of end of 2014, 7% of all ICSID cases concerned the financial sector.

Most well-known cases include:

• Investors vs. Argentina: When the country froze its utility rates and devaluated its currency in response to its 2001-2002 financial crisis, it was hit by over 40 lawsuits from investors, including Suez, Vivendi (France) and Anglian Water (UK). By January 2014, Argentina had been ordered to pay a total of US$980 million (various BITs invoked).

• Poštová Banka (Slovakia) & Istrokapital (Cyprus) vs. Greece: the Slovak bank and its Cypriot investor are currently suing Greece on account of the restructuring of the country’s sovereign debt, after having bought Greek government bonds at a knockdown value (Greece-Slovakia & Cyprus-Greece BITs invoked).

• Saluka (Netherlands) vs. Czech Republic: the Dutch investment corporation filed an ISDS dispute against the Czech government for not bailing out a private bank, in which the company had a stake, in the same way that the government bailed out banks in which the government had a major stake. The bailouts came in response to a widespread bank debt crisis. The investor was awarded US$236 million (Czech Republic-Netherlands BIT invoked).

(November 2015)

BusinessLine | 28-Oct-2019
The tax department had sought ₹10,247 crore in taxes on alleged capital gains made by the company in the internal reorganisation
Reuters | 22-Oct-2019
Barrick Gold Corp said it had reached a deal to settle a long-running tax dispute between Tanzania and mining group Acacia.
Gibson Dunn | 18-Oct-2019
Argentina introduced a number of new restrictions on foreign currency transactions, reversing its four-year-old policy that had eliminated such controls, which may give rise to investment treaty claims by foreign investors.
ilBoursa | 10-Oct-2019
La saisie conservatoire sur les actifs de la STB au sein de la TFBank, opérée par le groupe néerlandais ABCI Investment dans le cadre de l’affaire de la Banque Franco-Tunisienne, devient sans effet.
The Daily Herald | 7-Oct-2019
Bank of Orinoco has initiated an international arbitration against the Netherlands over alleged discriminatory and irrational measures by the government of Curaçao.
Daily Star | 17-Sep-2019
With the serving of show-cause notices on Robi and Grameenphone as to why their licences will not be cancelled for not paying the so-called ‘dues’, the Bangladesh Telecommunication Regulatory Commission has come closer to facing investment lawsuits.
UNIAN | 17-Sep-2019
PrivatBank commenced the arbitration on April 13, 2015, for breaches of the Russian Federation’s obligations towards PrivatBank’s assets in Crimea.
Outlook India | 10-Sep-2019
UK’s Cairn Energy on Tuesday said the arbitration process against India on imposition of retrospective tax demand is likely to be protracted and a decision is not expected before late 2019.
Kapitalis | 6-Sep-2019
Le fonds d’investissement ABCI Investment, basé aux Pays-Bas, a fait effectuer une saisie sur un avoir de l’Etat tunisien, à savoir TF Bank, l’établissement bancaire tunisien basé à Paris, en France.
Reuters | 16-Aug-2019
Anglo-Russian businessman Grigoriy Guselnikov, the bank’s former owner who sold his shares, has brought a request for international arbitration against Latvia.

0 | 10 | 20 | 30 | 40 | 50 | 60 | 70 | 80 | ... | 130