…oblige states to destroy foreign investments. Dr. Braun then turned to the meaning of the term “necessity” in BITs as compared to the concept of military necessity in IHL and…
…Uzbekistan has more than 40 BITs currently in force and is a party to several treaties with investment provisions. This is separate from its interest in supporting the development and…
…of treaty practice. As compared to other model BITs which contained no reference to the environment, the latter is now expressly included and needs to be taken into account when…
…and effectively in order to be accorded a fair tax treatment and avoid legal uncertainty. EU’s Inconsistent Take on Arbitration Agreements in Intra-EU BITs in Light of Intra-EU DTTs Arbitrations…
…effects of the Achmea decision on the non-compatibility of arbitration clauses contained in intra-EU Bilateral Investment Treaties with EU law (Court of Justice of the European Union (CJEU) Case C-284/16)…
…for the steps EU Member States should take in the future of intra-EU investment law and ISDS. He also stressed that the Declaration is not retroactive, irrespective of if one…
…and bilateral investment agreements (“BITs”) containing an arbitration clause. The first and most iconic treaty was the North American Free Trade Agreement (“NAFTA”) from 1994, which entered into force immediately…
…Court further distinguishes CETA from intra-EU BITs by highlighting that the principle of mutual trust, which was at the core of its decision in Achmea, is not applicable to the…
…around 5 years since Indonesia announced its policy to “terminate” its bilateral investment treaties (“BITs“). This was spurred by Indonesia’s concern that it has been pressured by multinational companies, which…
…levels of intra-Commonwealth trade and foreign direct investment (FDI). Indeed, despite being a voluntary association and not a trading bloc, the value of intra-Commonwealth trade in goods and services is…
…precluded intra-EU investment arbitrations because they may undermine the full effectiveness of the autonomy of EU law, ensured by Articles 267 and 344 of the TFEU. This situation begs a…
…test case for the EU Commission assault on Intra-EU BITs as incompatible with EU law.3) Some of the legal and practical issues arising out of this conflict between EU Law…
…below. The Supreme Court rejected MHC’s contentions. Analysis Article V(1)(c) of the New York Convention In Mabuhay, the jurisdictional issue was whether the dispute referred to arbitration is an intra-corporate…
…jurisdiction of the Tribunals for intra-EU ISDS could be reanalyzed and if, applying the International Custom, there was not mutual consent for intra-EU ISDS, there might be a ground for…
…They were asked to share their insights about some recent events related to Russia, including the challenges of investing under Soviet-era BITs, the Yukos award, and the possible effects of…
…intra-institution regulation, should form the attitude of the tribunal towards such illegally obtained evidence as well. The parties to the proceedings should be provided with the procedure shaped in accordance…
…the need for a similar instrument in the realm of investment arbitration. The article subsequently discusses existing consolidation mechanisms of NAFTA, certain BITs and newer trade agreements (CETA, TTIP and…
…inapplicable between EU Member States and have expressed their intention to terminate intra-EU BITs. In line with the European Commission, Member States also consider that EU law sufficiently protect cross-border…
…Law in 2011 was also commented, which allows the arbitrability of intra-companies disputes, better known as statutory or corporate arbitration. It was also highlighted that according to the results of…
…Contracting Party to an array of BITs, all containing a FET clause safeguarding investors’ legitimate expectations. Hence, awaiting the adoption of the new Plan, investors have the time to rearrange…
…also Europe and the U.S. In Europe, the Achmea decision of the European Court in 2018 and the subsequent termination of all intra-EU BITs have caused significant upheaval. The EU…
…Article 16 is binding on the CJEU, the EU being a member of the ECT. Even in the context of intra-EU BITs, we cannot say with complete accuracy that all…
…Achmea which evidences, inter alia, Member States’ firm intention to terminate their intra-EU BITs. As suggested by Nikos Lavranos, one possible measure to remedy this situation could be the adoption…
…a continental level. Out of 2971 BITs signed worldwide, 994 involve an African State and 194 are intra-Africa States. For instance, the Morocco-Nigeria BIT signed on 3 December 2016 is…
