Perenco v. Ecuador and Achmea B.V. v. The Slovak Republic: Practical Limitations When Seeking Relief Under a B.I.T.

Volume 9 No 3    /    Read Article

By Stanley C. Ruchelman and Marie de Jorna

While resorting to a B.I.T. provides a corporation access to an independent body when seeking to resolve a dispute with a foreign government, success is not always obtained easily or at all. Stanley C. Ruchelman and Marie de Jorna, a member of the Paris Bar learning U.S. tax law during a period of training with Ruchelman P.L.L.C., dive into two cases where relief has either been denied for over a decade (Perenco v. Ecuador) or where access to a B.I.T. was eliminated as a mechanism to resolve disputes for corporations that are resident in an E.U. Member State with the government of another E.U. Member Sate (Achmea B.V. v. The Slovak Republic).   See more →