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BIICL publishes new study on taxation measures in investment disputes

BIICL and WilmerHale are delighted to launch our study on Tax-related Measures in Investor-State Arbitration

Co-authored by Professor Yarik Kryvoi of the Investment Treaty Forum (ITF) at BIICL and Danielle Morris, Sam Winter-Barker and Tunç Savaş of WilmerHale, this study presents the findings of our empirical analysis of 70 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.

In contrast to the existing literature, the authors have taken an empirical approach to assess various aspects of these disputes: the geographic origins of investors and respondent States, the economic sectors involved, the types of measures challenged, and the likelihood of success, among others.

BIICL and WilmerHale hopes 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.

The study was launched at an event on the 7th of December 2023. A recording of the event is available here.

Read the Report 

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