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World Bank tribunal finds Tanzania at fault in ending contract with Biwater over access & pricing issues, but awards company no damages

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Article
29 July 2008

Water: Campaigners cheer defeat of Biwater's £10m Tanzanian claim

Author: Xan Rice, Guardian [UK]

Anti-poverty campaigners were yesterday celebrating the failure of a British water company to win up to £10m for a bungled privatisation in Tanzania. Biwater…took Tanzania's government to the World Bank's business tribunal in 2006, arguing its assets had been expropriated and its contract illegally terminated. Campaigners say the contract was forced on Tanzania and accused the Biwater-led consortium - City Water [whose owners also include Gauff Ingenieure & Superdoll Trailer] - of performing worse than the state-run utility. The International Centre for the Settlement of Investment of Disputes (ICSID) in The Hague ruled Tanzania's government had violated its treaty with the UK by expelling City Water. But the tribunal said there were no damages to award as the company's value was "nil" at the time of expropriation.

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Article
28 July 2008

Biwater Response to Outcome of ICSID Arbitration

Author: Biwater

Biwater is pleased that an ICSID Arbitral Tribunal has upheld its claim that the Government of Tanzania broke the terms of the Bilateral Investment Treaty (BIT) between the UK and Tanzania on four separate counts….However, although the Tribunal awarded declaratory relief in respect of the…violations (in the form of a declaration of wrongdoing), it decided not to award damages on the technical ground that it did not consider that Biwater had proved that the violations in question caused loss…. While the award of declaratory relief is a welcome vindication of Biwater's claim against Tanzania, the Tribunal's failure to provide a remedy through a damages award is frustrating.

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Article
24 July 2008

[PDF] Biwater Gauff (Tanzania) Ltd. v. Republic of Tanzania - Award

Author: International Centre for Settlement of Investment Disputes

[Text of final decision of ICSID arbitral tribunal]

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Article
24 July 2008

[PDF] Biwater Gauff (Tanzania) Ltd. v. Republic of Tanzania - Concurring and Dissenting Opinion

Author: International Centre for the Settlement of Investment Disputes

[Full text of concurring and dissenting opinion of arbitral tribunal.]

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