ISDS Case Map
Netherlands
American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.
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The Dutch company will file an ISDS application against the Korean government, should the authorities refuse to pay 183.5 billion won ($169.9 million) in tax refund.
This paper shows how (the threat of) lawsuits taken to the International Centre for Settlement of Investment Disputes and other fora, using Dutch BITs, have effectively blocked policymaking in the public interest for development in host countries.
The case of Newmont Mining vs Indonesia is a powerful example of how investment agreements, particularly Bilateral Investment Treaties (BITs), are used by companies to get exemptions from government regulations and legislation, undermining democracy and development.
South Africa’s unilateral cancellation of its bilateral investment treaty with the Netherlands, a major trade and investment partner, does not appear to have dampened the Dutch appetite for investment in the country.
Vodafone Group Plc has abandoned the conciliation process and started international investment arbitration against the Indian government over its long-running tax dispute.
Indonesia terminates its BIT with the Netherlands from 1 July 2015 and may terminate all of its BITs
While certain countries have terminated individual BITs, termination of all BITs would be unprecedented.
Last week, the Indonesian government announced that it will terminate its Bilateral Investment Treaty (BIT) with the Netherlands, joining the growing number of countries concerned about the excessive corporate rights enshrined in investment agreements.
Indonesian VP Boediono met with Dutch PM Mark Rutte on Sunday and explained that Indonesia’s decision not to extend its bilateral investment treaty with the Netherlands was common to all countries with bilateral investment agreements with Indonesia that would soon end.
