Treaty drafting

Africa, BIT, Business and Human Rights Arbitration, Human Rights, Regime Interaction, Treaty, Treaty drafting

, (K&L Gates Straits Law LLC) and (University of Sydney Law School)/ /Leave a comment

This post shares a development of potential significance, i.e., the drafting of the Sustainable Investment Facilitation & Cooperation Agreement (SIFCA), a next-generation model bilateral investment treaty (BIT) developed for The Gambia, a sovereign State in West Africa and one of the world’s least developed countries (LDCs). This post continues the discussion raised in January 2021,…

Australian Arbitration Week, International Commercial Arbitration, Investment Arbitration, Reform, Treaty drafting

and (The Australian National University)/ /1 Comment

On 14 October 2020, Professor Zachary Douglas QC delivered the 19th annual Clayton Utz and University of Sydney International Arbitration Lecture as part of Australian Arbitration Week. This year’s topic was a response to Australia’s Department of Foreign Affairs and Trade’s (DFAT) review of its bilateral investment treaties (BITs). This blog post provides an overview…

Consent, Investment Arbitration, Latin America, Treaty drafting, Treaty Interpretation

(Esguerra Asesores Jurídicos)/ /Leave a comment

A recent partial award on jurisdiction in Michael Lee-Chin v. the Dominican Republic debated the interpretation of dispute resolution clauses and State consent to investment arbitration. While interpreting the Free Trade Agreement between the Caribbean Community and the Dominican Republic (“CARICOM-DR FTA”), the majority concluded that Respondent gave advance consent to submit disputes to one…