…benefit”. The Tribunal found that mortgages are in rem rights (derechos reales) under Mexican law, while treaty practice confirms the same understanding, as Mexico had concluded other 22 BITs where…
…Achmea (with respect to intra-EU BITs; see Blog’s coverage here) and Komstroy (Case C-741/19, as regards intra-EU disputes under the ECT; see this previous post) to ad hoc arbitration agreements…
…local legal system, and a better track record in implementing agreements to arbitrate and arbitral awards. BITs have also caused the development of regional arbitration centers, such as in the…
…arising out of Mexico-U.S. investments under the new USMCA; the termination, in view of their ISDS clauses, of intra-E.U. bilateral investment treaties; and the proposal championed by the E.U. to…
…States seeking Cross-Disclosure States should ideally consider addressing this issue at a treaty-level, for instance by ratifying the Mauritius Convention (or incorporating similar provisions into the BITs) and/or administering arbitrations…
…Convention (the “NYC”) and BITs concluded between Egypt and many other states. Indeed, by providing the Government with a tool to challenge an ICSID awards, the Draft Law falls afoul…
…for it. More generally, the entire EU and EU Member States’ agenda (the plurilateral treaty for the termination of all intra-EU BITs, the EU’s proposal in the ECT modernisation process,…
…be held to arbitrate intra-EU investment protection disputes. This, it believes, is justifiable as it is established EU law that arbitration clauses in investment protection instruments governing intra-EU investments cannot…
…on account of the finding of fraud, could also imperil the enforcement of awards obtained against India by Devas’ investors under BITs. This is particularly concerning in light of India’s…
…measures remains rather obscure (see Art. 8.13, EU Japan). These clauses inject some political content into DoB clauses. Yet, they do not normally provide for any procedural guarantees. It may…
…on the basis of an intra-EU BIT are incompatible with EU law, this approach was ‘debatable’ in respect of proceedings initiated before a state’s accession to the EU. The Advocate…
…Correa publicly expressed his hostility towards the ICSID Convention and the international investment protection system. In 2008, Ecuador denounced over a third of its bilateral investment treaties (BITs). Later in…
…years been rather active in concluding new BITs, and may well decide to include the VRI in their future treaties. The VRI are also a welcome new solution for SME…
…to terminate all intra-EU BITs and supporting the European Commission’s (“Commission”) stance that Achmea applies equally to the ECT. The CJEU and Intra-EU ECT Disputes The latter might soon…
…over 2500 BITs that have been signed; Hong Kong’s BITs do not refer to arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention rules. This is because…
…under EU law (e.g. free movement of capital). One aspect of this was anticipated to be the maintenance of the UK’s existing BITs with EU Member States; BITs that the…
…sheer coincidence that both DR-CAFTA and the TPA contain the same restriction. The US government has had the very same clause in its 2004 and 2012 Model BITs, and it…
…protection of the environment is the inclusion of carve-out provisions in BITs, which are a clear response to huge arbitral awards punishing states for policing environment matters. Under these provisions,…
In the last decade, fifteen cases have been filed by foreign investors against India under various bilateral investment treaties (BITs). Of these, three major cases were spurred by the ill-reputed…
…all of its Bilateral Investment Treaties (“BITs”). In 2010, Ecuador’s legislative branch enacted the Organic Production, Trade and Investment Code (“COPCI” for its acronym in Spanish), which sets forth general…
…investor restructure an investment to take advantage of BITs? Does the most-favored-nation clause extend to dispute resolution matters? Are legitimate expectations protected under the minimum standard of treatment? Can an…
…certain State counterclaims; Judicialization, e.g., the European Union’s proposal for a multilateral investment court, which is included in the EU-Canada Comprehensive Economic and Trade Agreement, and the EU-Singapore and EU-Vietnam…
…Achmea to intra-EU ECT arbitration. II. Consequences for Intra-EU Investment Arbitrations In view of its lack of competence, the CJEU should not address the issue of intra-EU ECT arbitration…
…treaties (BITs), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the United States-Mexico-Canada Agreement (USMCA). These treaties subject Mexico to a number of commitments in favor of international…
