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Extract to table / memo-merits-expropriation-bit-breach.docx
memo-merits-expropriation-bit-breach.docx
Parties
HARKNESS LLP
Dunmore Energy Holdings Ltd
Pemberton Valuation Advisory LLC
Ridgewell Subsurface Consultants Ltd
Investment Dunmore Energy Holdings Ltd
Meridian Growth Partners LLC
Harcastle Fenton LLP
Dates
May 22, 2006
November 1, 2006
March 15, 2022
April 8, 2022
September 12, 2013
September 12, 2043
March 20, 2016
December 31, 2020
January 15, 2020
March 2, 2021
Amounts
USD 347
USD 867
USD 175
USD 128.6
USD 41.3
USD 211
USD 89
USD 47
Obligations
That law mandates that, prior to the revocation of a hydrocarbon concession or operating license, the concessionaire must be afforded a formal hearing, the revoking authority must issue a reasoned decision, and a compensation valuation process must be completed
Article 3 of the BIT provides that investments of nationals or companies of each Contracting Party shall at all times be accorded fair and equitable treatment and shall enjoy full protection and security in the territory of the other Contracting Party
The compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at a normal commercial rate until the date of payment, shall be made without unreasonable delay, be effectively realizable, and be freely transferable
Legal Standard Article 5 of the UK-Valderia BIT prohibits the expropriation or nationalization of investments of nationals or companies of either Contracting Party except where four cumulative requirements are satisfied: (1) the expropriation must be for a public purpose related to the internal needs of the expropriating state; (2) the expropriation must be non-discriminatory; (3) the expropriation must be carried out in accordance with due process of law; and (4) the expropriation must be accompanied by the payment of prompt, adequate, and effective compensation at fair market value
The host state must act with transparency in its dealings with the investor and must afford the investor procedural fairness, including the right to be heard, the right to a reasoned decision, and access to an effective remedy
The host state must exercise its sovereign powers in good faith and may not use its regulatory authority as a pretext for the taking of investment assets