ISDS landscape in Latin America for 2022
…planted in this region too, for example with Venezuela, Ecuador and Bolivia’s denunciation of the ICSID Convention and some BITs, and Brazil still not adopting ISDS, none of this has…
Search Results for: intra-eu bits
Mexico’s New BIT with Hong Kong: AMLO’s Wink to Chinese Investments?
…treaties (“BITs”). But there is one exception: in June 2021 a new BIT between Mexico and Hong Kong (“Hong Kong BIT”) came into force. In an official letter sent to…
Paris Arbitration Week Recap: The Fair and Equitable Treatment Standard – Update and Perspectives
…an analytically rigorous structure for debating the content of the FET – a debate that continues until today. Approach of a EU Member State (Croatia) and a Non-EU Country…
Arbitral Award, Arbitration clause, Canada, Colombia, ICSID, ICSID Arbitration, International environmental disputes, Treaty Interpretation
New Generation Investment Treaties and Environmental Exceptions: A Case Study of Treaty Interpretation in Eco Oro Minerals Corp. v. Colombia
…such as environmental protection and human rights violations, should be addressed in the context of investment protection. These provisions are included in new generation BITs as a response to the…
Highlights from the ICSID-ADGM Joint-Conference on Investment Arbitration in the Middle-East
…SWFs, are however notably common in BITs concluded by Kuwait, Qatar, Saudi Arabia and the UAE, with the Saudi-Czech BIT even making reference to the Saudi public financial institutions, funds…
AFC v. Colombia: Developing the Scope of Objections under ICSID Rule 41(5) Regarding the Expiration of Time Limits for Commencing an Arbitration
…of the BIT’s signatories. Further, Claimant considered that the time-limit for commencing an arbitration could be interrupted through the submission of the notice of dispute as established in Article 10(2)…
Cutting-off Russia from ISDS: Another Tool to Consider?
…disdain of international law, including its obligations towards foreign investors under bilateral investment treaties (“BITs”). In this post we analyse whether terminating BITs with Russia would be a reasonable response…
Second Generation IIAs: Japanese Perspective
…Disputes Like virtually all modern BITs, the treaty between Japan and Argentina provides for the settlement of intra-States disputes as well as investor-State disputes. It is however with regard to…
Arbitration, Arbitration Proceedings, BIT, International arbitration, Intra-EU BITs, Investment Arbitration, Joint Interpretation Clauses, NAFTA, Vienna Convention on the Law of Treaties
Masters of Their (Investment) Treaties? States Mutual Treaty Actions between the Law of Treaties and the Integrity of Arbitration
…Agreement for the Termination of all Intra-EU Bilateral Investment Treaties is one such example (see here and my take in Rivista di diritto internazionale privato e processuale, 4/2020, p. 843)….
Washington Arbitration Week: Using BITs to Protect Cryptocurrency Investments?
…This post highlights the panel on ‘Investment Treaty Arbitration in the Digital Era: Using BITs to protect Cryptocurrency Investments?’ Cristen Bauer (U.S. Department of Commerce) moderated the panel consisting of…
Approaches to Providing for Mediation in Investment Treaties and Model Clauses
In 2021, ICSID conducted an extensive survey of dispute resolution clauses in bilateral investment treaties (BITs), free trade agreements (FTAs) and other treaties (including model treaties). The data set comprised…
Washington Arbitration Week: Is the EU a Recalcitrant Entity?
…to terminate intra-EU BITs, and (iii) the adoption of the Agreement to terminate the intra-EU BITs’ sunset clauses effective May 2020. In this legal and political context, in 2019, the…
Achmea, Enforcement, EU Law, Europe, European Law, European Union, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS
German Supreme Court Confirms Intra-EU BIT Does Not Give Access to Investor-State Arbitration in Light of CJEU’s Achmea Decision
…intra-EU BITs and that any such proceedings seated in Germany are therefore extremely unlikely to succeed. Procedural background The decision relates to an arbitration initiated in February 2020 under…
Corporate Restructuring, ICSID, ICSID contract-based disputes, ICSID Convention, ICSID denunciation, MFN extension, Peru, Sunset clause
What if Peru (or Another Country) Leaves the ICSID Convention? Possible Recourses for Investors Facing a Potential Change in the Game
…review the applicable BIT’s, as most of them provide for longer sunset clauses and alternative dispute resolution forums such as UNCITRAL and ICSID Additional Facility. For instance, most BIT’s subscribed…
Arbitration of Corporate Law Disputes in Turkey: Is the Tide Turning?
Arbitration of commercial disputes is a common practice in Turkey, especially for those with an international element. The same, however, cannot be said for corporate law disputes, i.e. intra-corporate claims…
Additional Facility Rules, ICSID, International Investment Arbitration, Jurisdiction, Most Favoured Nation (MFN)
After Failing To Cross The Jurisdictional Bridge: What Can We Learn From Kimberly-Clark v. Venezuela?
…In essence, the Arbitral Tribunal found that 1) Venezuela’s consent to arbitration under the ICSID Additional Facility Rules (AF Rules) (in accordance with the relevant provisions of the applicable BITs)…
2021 in Review: The African Continental Free Trade Area
…prominent force in the global trade arena. The AfCFTA aims to boost intra-Africa trade and utilise trade as a tool for the broader growth and development of the continent. The…
Was the European Commission Right to Qualify the Micula Award as State Aid? The Question is Referred Back to the EU General Court
…relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal was not bound to apply EU law to events occurring prior to…
2021 in Review, Achmea, ECJ, Energy Charter Treaty, EU Law, Europe, European Union, Micula, Multilateral Investment Court
2021 in Review: Key Investment-Arbitration Developments in Europe
…In PL Holdings, the Court found that an EU Member State is precluded from replacing an arbitration clause, included in an intra-EU international agreement, by concluding an ad hoc arbitration…
ECT Modernisation, Energy Charter Treaty, EU Law, EU Permanent Court, Regime Interaction, Regime Interaction in Investment Arbitration
Regime Interaction in Investment Arbitration: EU Law; From Peaceful Co-Existence to Permanent Conflict.
…have signed the Termination Agreement. In parallel, the European Commission continued to escalate the conflict by intervening in practically all intra-EU disputes (both based on intra-EU BITs and the ECT)…
Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration
Regime Interaction in Investment Arbitration: Climate Law, International Investment Law and Arbitration
…EU is legislating at breakneck speed to become the first climate-neutral continent. It is a new reality out there. In the words of US climate envoy John Kerry, the world…
BIT, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Sustainability
Regime Interaction in Investment Arbitration: An Introduction
…intra-EU disputes from an EU law perspective. The author examines how various judgments of the CJEU have had a ¨spill- over effect” on the ECT and all disputes connected to…
2021 in Review, ICSID Amendments, Investor-State arbitration, ISDS Reform, ITA, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series
2021 in Review: From Fragmentation to Harmonization through Investment Treaty Arbitration (ITA) Reform
…the CJEU held that ECT intra-EU arbitrations are contrary to EU law. This decision was built on the Achmea decision, where the CJEU found that intra-EU investment agreements and arbitration…
Consistency, Exchange rate, Investment Arbitration, Latin America, quantum, Transfer of Funds Clauses
An Unlikely Couple – The Use of Transfer of Funds Clauses for the Determination of Exchange Rates in Investor State Disputes
…exchange rates relevant in investor-state arbitration? The Role of Transfer Clauses Transfer clauses are one of the most common provisions in BITs: 1,862 of the 2,258 BITs currently in…