…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…
…implement any such Agreement. Furthermore, she touched upon the topic of termination of intra-EU BITs, and in particular, she made reference to the October 2020 infringement proceedings started by the…
…Brazil has not yet signed the ICSID Convention, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) or BITs with investor-state dispute settlement mechanisms. Unlike the vast majority of countries,…
Many have long feared that the end of intra-EU BIT arbitration brought about by Achmea would soon be followed by the end of contract-based intra-EU ISDS. Although Advocate General (AG)…
…unwillingly – concluded an agreement on the termination of their 190 intra-EU investment agreements in order to comply with the CJEU ruling. Intra-EU investment arbitration, nonetheless, remains possible under the…
…have to arbitration under bilateral investment treaties (BITs) or international investment agreements (IIAs) for infringements of such rights? Particularly for the African indigenous communities whose traditional knowledge rights have been…
…the ECT arbitration provisions within the EU. This could even also potentially affect the recognition and enforcement of already rendered intra-EU ECT awards – at least within the EU. In…
…not apply to intra-EU disputes, which it has made known in multiple interventions before arbitral tribunals and courts. The EU expects that this view will soon be confirmed by the…
…White Industries. In the following years, the cancellation of telecom licences led to several claims under various BITs. In 2014, the government was replaced, and the new government decided to…
…advised that the ECJ extends Achmea onto intra-EU ECT proceedings. Still, notwithstanding a possible future EU-wide consensus to exclude ECT from serving as a basis for intra-EU arbitrations, arbitral awards…
…preference to submit disputes to the AfCFTA DSB. The possibility of this happening is likely as the number of intra-African BITs are increasing. For example, Morocco has concluded BITs with…
…BITs, many of which were negotiated post-Communist revolution with Eastern European countries such as Poland, Hungary, Romania, Bulgaria, Croatia, Lithuania, and the Czech Republic, where there is a significant amount…
