Indirect Expropriation in Private International Law

Abstract

In the modern theory and practice of international investment law on forced removal of foreign ownership, the issue of indirect expropriation remains topical. Despite the fact that the term “indirect (“creeping”) expropriation” is not legally secured, it is actively used both in the doctrine and arbitration practice. Analysis of judicial practice shows that the courts tend to develop and specify the signs indirect expropriation of foreign property so that eventually they could be fixed in the international regulatory system. International arbitration courts are trying to establish a fair balance between the rights of investors and the rights of the state to regulate.