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Jurisdiction over Claims for Expropriation Arising Out of USSR and First-Generation Chinese BITs: An Endless Debate?

Paschalis Paschalidis & Arianna Rosato

Legal Issues of Economic Integration2025https://doi.org/10.54648/leie2025015article
ABDC A
Weight
0.50

Abstract

The wave of cases emerging from the sanctions and counter-sanctions imposed in the wake of Russia’s full-scale invasion of Ukraine in 2022 is likely to bring back into the spotlight the longstanding issue of the jurisdiction of arbitral tribunals over claims for expropriation arising out of ISDS provisions that restrict access to arbitration only to disputes concerning the amount of compensation payable in case of expropriation. This article takes stock of the diverse case law developed so far on the issue – arguably one of the most controversial and divisive in investment law – and concludes that it remains far from settled, perhaps even more so than before.

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https://doi.org/https://doi.org/10.54648/leie2025015

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@article{paschalis2025,
  title        = {{Jurisdiction over Claims for Expropriation Arising Out of USSR and First-Generation Chinese BITs: An Endless Debate?}},
  author       = {Paschalis Paschalidis & Arianna Rosato},
  journal      = {Legal Issues of Economic Integration},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.54648/leie2025015},
}

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Jurisdiction over Claims for Expropriation Arising Out of USSR and First-Generation Chinese BITs: An Endless Debate?

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

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