Tarciso Gazzini, Author at Kluwer Arbitration Blog

Second Generation IIAs: Japanese Perspective

Tarciso Gazzini/March 12, 2022March 11, 2022 /Leave a comment

Japan is traditionally the only developed country where foreign investors are reluctant to do business (see R. Katz). The peculiar case of Japan is evident if one looks at the country’s treaty practice, but some recent developments deserve attention. In the last four decades, states have attracted foreign investment through a wide web of about…

Colombia, Denial of Benefits, Italy, Model BIT

The Strange Case of Denial of Benefits Clauses: The Italian and Colombian Model BITs

Tarciso Gazzini, Francesco Seatzu/August 7, 2021August 6, 2021 /Leave a comment

First appearing in the 1970s, denial of benefits (DoB) clauses have proliferated, became more sophisticated, and evolved significantly and even beyond recognition as in the 2017 Colombian Model BIT. This post discusses such evolution and provides a taxonomy of the different versions of the clause. Denial of Benefits Clauses in Outline Traditionally, DoB clauses…