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Tax-related Measures in Investor-State Arbitration (Online Participation)

Date: 7 December 2023

Time: 18.00 - 20.00 (UK time)

Venue: Online

Co-organised with:

Please note, this page is for online participation. If you would like to participate in person, please visit the in person booking page.

Event Details

The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, "Taxes are the price we pay for civilization." However, States may voluntarily limit their taxation powers by concluding investment protection treaties limiting their right to regulate, including their right to tax.

As a result, investors have brought challenges to a variety of State taxation measures. Some of these cases have resulted in substantial awards (e.g., the USD 50 billion award in the Yukos cases, the USD 1.25 billion award in Cairn Energy v. India). Partly in response, States have increasingly sought to exclude tax measures from the scope of their investment protection treaties.

Tax-related disputes often come hand-in-hand with political controversies and are related to current debates about the legitimacy of arbitration, the limits of tribunals' powers and the efforts to reform the system of investor-State dispute resolution.

As part of this broader discussion, BIICL and WilmerHale are pleased to present this report on taxation measures in investment disputes. In contrast to the existing literature, we have taken an empirical approach to assess various aspects of these disputes: the geographic origins of claimants and respondent States, the economic sectors involved, the types of measures challenged, and the likelihood of success, among others.

Much of this report presents the findings of our empirical analysis of 62 investor-State treaty disputes and 21 contractual tax-related disputes. In additional to painting a bigger picture of tax-related disputes and identifying patterns in tribunals' decision-making, the report discusses specific treaty provisions that give rise to tax disputes.

We hope that this report will help those working in the field of investor-State arbitration to better understand the key statistical trends and patterns of decision-making. At the same time, the report may help those involved in reforming the system of investor-state dispute resolution or investment treaties.

If you are interested in getting a final electronic copy of the report in January 2024, please leave your email here.

Join the conversation @BIICL #itflaw #isds #arbitration

Pricing and Registration

This event is free of charge for members of the Investment Treaty Forum (ITF), government officials and in-house lawyers. Free of charge bookings can be made by emailing the Events team.

If you work for a government or an intergovernmental organisation, which is not currently a consultative member of the ITF, please get in touch with Prof. Yarik Kryvoi to apply for free consultative membership.

For others the following fees apply:

Concession fees are available to academics, those who are unwaged and NGOs.

CPD Information

This event offers the equivalent of 2 CPD hours.


If you have any queries, please contact the Events team

Event Recording

Please note that our events may be photographed or recorded. These materials will be used for internal and external promotional purposes only by the British Institute of International and Comparative Law. If you object to appearing in recordings or photographs, please contact the Events team to let us know ahead of the event.

Event Cancellation Policy

When you register for an event you will be asked to confirm that you have read and understood our cancellation policy.

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