UK and France paid 24m euros in Calais migrants ISDS case

2 August 2015 - 5:30pm
Press release

A spokesperson for the company Eurotunnel has revealed that the UK and French governments were required by a private arbitration tribunal to pay out nearly 24 million euros for failing to provide adequate security around the entrance to the Channel Tunnel between 1999 and 2002.

While the judgement has long been available on the website of the Permanent Court of Arbitration in the Hague, the size of the award has only now been disclosed in connection with the current migrant crisis in Calais.

The Eurotunnel case is one of only two known instances in which the UK government has faced a claim under the controversial investor-state dispute settlement (ISDS) mechanism, which allows companies to sue governments before private arbitration tribunals for loss of profits.

The other known case involving the UK, which has been shrouded in even greater secrecy, was filed by Indian solicitor Ashok Sancheti under the UK-India bilateral investment treaty, and stems from a rent dispute over premises he had leased from the Corporation of London.

In the Eurotunnel case, the tribunal ruled in favour of the company's claim that the UK and French governments had failed to live up to their responsibilities under the 1986 Treaty of Canterbury, which governs the running of the Channel Tunnel, but dismissed a parallel claim relating to the provision of subsidies by the French government to ferry operator SeaFrance.

It remains unknown whether the UK and France were each required to pay half of the award.

PCA tribunal in Eurotunnel case

Photo: PCA tribunal members in the Eurotunnel case

Latest news

Pint & Politics - Manchester workshop - countering ‘common sense’ economic arguments in the pub!

23 February 2017 - 8:15pm

 

  • EVENT DATE: Sunday 12 March 2017
  • TIME: 4-6pm tbc
  • PLACE: Manchester - venue tbc
  • COST: Free
Read more

#1DayWithoutUs: War on Want says ‘stand with migrant workers’

20 February 2017 - 8:15am

Today many migrant workers across the UK face racism, abuse and exploitation fuelled by years of hostile policies and anti-migrant rhetoric. We must fight for the rights of migrants, celebrate migrants’ crucial contribution to society and stand with migrant workers.

Read more

Join the conversation

Book a War on Want speaker and find out more about struggle for justice https://t.co/7Az63aXZ4h #trade #Palestinehttps://t.co/0HtXLENn4o 14 hours 47 min ago
.@The_IoD says public services like the #NHS should be included in any UK-EU trade deal https://t.co/xcHJvKpgtahttps://t.co/ttiz9dbY0H 2 days 8 hours ago
One of many ways in which the fight against #CETA continues. #StopCETA https://t.co/9e7r92PfH5 2 days 12 hours ago