United Utilities Tallinn BV and Aktsiaselts Tallinna Vesi v Estonia - ICSID Case No. ARB/14/24 - Dissent of Sir David A.R. Williams, KNZM QC. - 21 June 2019
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United Utilities (Tallinna) B.V. (the "UUTBV"), a company incorporated under the laws of the United Kingdom of The Netherlands, and Aktsiaselts Tallinna Vesi (the "ASTV"), a company incorporated under the laws of the Republic of Estonia, (collectively referred as the "Claimants") brought an action against the Republic of Estonia, as a sovereign state (the "Respondent") pursuant to the bilateral investment treaty between Estonia and The Netherlands 1992 (the "BIT"). The Claimants argued that Estonia is liable for breach of the fair equitable treatment standard (the "FET"), due process and the umbrella clause included in the BIT, as a result of Estonia's decisions to cap the water tariffs to "reasonable" levels and its refusal to allow for an increase of such tariffs. The Tribunal decided that it had jurisdiction but dismissed Claimants' claims.
Whether the Tribunal hasrationae personae and rationae voluntatis jurisdiction to hear the claim. Whether the Tribunal has jurisdiction to hear the case in light of the intra-EU BIT objection. Whether the measures adopted by Estonia led to a breach of the FET. Whether the measures adopted by Estonia are in breach of due process. Whether Estonia breached the umbrella clause from the BIT.
United Utilities Tallinn BV and Aktsiaselts Tallinna Vesi v Estonia - ICSID Case No. ARB/14/24 - Award of the Tribunal - 21 June 2019
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