…the dawn of the new decade to usher in a new era of BITs. The BIT is noteworthy for its departure from the widely used investor-state arbitration mechanism in favor…
…the focus for many African policymakers. The lessons learned from the European Union (EU) and intra-EU BITs has shown that increased integration creates a need for more harmonisation. This round…
…under Singapore law. Joséphine Hage Chahine, UN and EU Sanctions Versus US Sanctions: Two Different Yardsticks Commentary on the Decision of the Paris Court of Appeal (International Commercial Chamber)…
…of African counsel, and for the appointment of African arbitrators in international disputes. Thirdly, there is more intra-Africa collaboration, especially between the younger generation of lawyers. These pan-African exchanges can…
…international arena, concluding treaties with a direct impact on international disputes (USMCA, ICSID, EU-Mexico FTA). How do you think these measures will change the arbitration landscape in Mexico and what…
…The BITs concluded by the UK with EU member states and the enforcement of intra-EU BIT awards in the UK The TCA leaves unresolved the fate of the BITs concluded…
…effectively means is that investors may be able to access the Arab Investment Court through one of the many Intra-Arab BITs rather than relying upon the Arab Investment Treaty. Indeed,…
…not contain ISDS or rules on indirect expropriation. Instead, the India-Brazil BIT rather adopts the Brazilian approach to BITs which “brings dispute prevention to the center stage with the adversarial…
…Micula cases; the Treaty for the termination of the intra-EU BITs entered into force on 29 August 2020; the ongoing modernisation of the Energy Charter Treaty (ECT), including the latest…
…the Agreement to terminate intra-EU BITs, whereby, according to our contributor, the Commission and most EU Member State are testing the principle of good faith under international law. This development…
…Delhi) opened the discussion by noting that several recent Bilateral Investment Treaties (‘BITs’) have included SSDS as the sole mechanism for resolution of investment disputes. However, this extreme approach is…
…stated that, while there has been progress in the drafting of new generation BITs (see the Morocco-Nigeria BIT providing for “investors and investments shall uphold human rights in the host…
…January 2019 that Achmea concerns only intra-EU BITs and not any pending or future intra-EU ECT claims. The Advocate General’s Opinion does not provide clarity Given the uncertainty regarding…
…Achmea to intra-EU disputes under the ECT, despite the intra-EU issue not formally being relevant to the dispute (see more in this previous post). The European Commission’s proposal for…
…intra-EU objections, and, while intra-EU awards have been annulled and denied enforcement in the EU, they are being enforced in courts outside the EU. According to Professor Bermann, both sides…
…of the TA provisions that terminate Bilateral Investment Treaties (‘intra-EU BITs’) and investor-State dispute settlement (ISDS) among EU Members. It also describes TA provisions regulating concluded, new, and pending arbitration…
…within the European Union, following the Court of Justice of the European Union’s Achmea judgment and subsequent termination of multiple intra-EU bilateral investment treaties. However, David Attanasio (Associate, Dechert LLP;…
…per United Nations Security Council Resolution is one of the grounds of the EU sanctions regime against Russia; and 4) these may carry evidentiary value in potential future investment arbitration…
…and Bahrain have signed three and four BITs respectively. With 34 BITs in force and two signed but not yet in force, Israel falls in the center of BIT activity…
…its initiative to strengthen intra-EU investment protection, the EC has been soliciting views of the European public on strengths or weaknesses of the intra-EU investment protection system. Surely, many different…
…Law of Treaties (“VCLT”). Moreover, the mass culling of the intra-EU BITs, along with their sunset clauses, cleans the slate and aligns intra-EU BIT practice for the majority of EU…
…v Philippines, even those activities that are primarily carried out abroad may satisfy a BIT’s territorial requirements provided the investment’s territorial nexus is the Host State. Accordingly, extraterritorially issues are…
…to withdraw from their BITs, and the EU’s proposal for a multilateral investment court may reflect similar overreactions to investment arbitration. In this context, Professor Luke Nottage quotes Voltaire: “the…
…Asian treaties also contain detailed mechanisms for ISDS mediation, such as the EU-Singapore Investment Protection Agreement (IPA), the EU-Vietnam IPA (both not yet in force), as well as the China-Macau…
