…a permanent rejection of ISDS. A Brief History of Australia’s Evolving Approach to ISDS Although Australia was a relative latecomer to the world of bilateral investment treaties (BITs), its…
…to maximize protection under the global network of investment protection – may be the way forward. The United States has in force 41 BITS and 50 treaties with investment chapters….
…investment protection treaty between themselves. The overwhelming majority of BITs to date have been North to South, between capital-exporting countries and capital-importing countries, and the private investors who actually have…
…EU) argued that, in the related intra-EU ICSID arbitrations, Achmea precludes the arbitral tribunals from exercising jurisdiction. Conclusion Despite the underlying uncertainties, the filing of new actions confirms that…
…all time. Drafters and negotiators now turn their pens toward its anticipated investment protocol, which is envisioned to ultimately displace all intra-African instruments. In a recent joint report of the…
…and will in most instances clash with undertakings in BITs or multilateral instruments to offer MFN and national treatment, which aim specifically at preventing discriminatory measures adopted by the host…
…Iraq, Jordan, and the UAE. Its coverage links a number of States which do not have BITs between them. The Agreement’s jurisdictional and procedural aspects, rather than its substantive protections,…
…the seed for today’s BITs. The main object and purpose of BCEs is echoed in that of BITs. Some of the typical substantive standards of protection of BITs can also…
…BITs have entered into force. As Söderlund notes, this shift in practice means that ‘the provisions of the Convention will nowadays have to be regularly applied in a contextual framework…
…for in intra-EU BITs and intra-EU disputes under the Energy Charter Treaty (“ECT”) would be valid. Several arbitral tribunals and national courts have dealt with this issue and it has…
…a nutshell, the European Commission’s position on intra-EU BITs assumes that its Member States consist of advanced legal systems, free from bias towards foreign litigants from other member states. This…
…be relevant in the context of the Achmea judgment of the CJEU and the termination agreement regarding the intra-EU BITs, which was signed by 23 Member States on 5 May…
…unnecessary, the adoption of an investment treaty model, the review and cost-benefits analysis of all the BITs concluded, and finally the enhancement of the BITs negotiators skills. The views…
…investors be likely to respond if the Netherlands were to replace existing BITs with this new text? The Model’s Innovative Elements: Sustainability and Social Responsibility Heeding criticism of ISDS,…
…in a previous post, where licences granted by a EU Member-State (Cyprus) were disregarded by a neighbouring country of the EU (Turkey) because of a disagreement as to which State…
…2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The road the EU has taken…
…it is clear that intra-EU BIT and ECT ICSID arbitral awards will be enforced in the UK post Achmea. Since the UK joined the EU before it ratified the New…
…arbitral procedure in the same way. Litigants might also invoke the current situation to justify not adhering to cooling-off periods stipulated in several BITs, which require investors to try to…
…measures include, inter alia, restrictions on intra-State movement (e.g., quarantines, curfews), restrictions on inter-State movement (e.g., flight and other travel restrictions), and cancellations of events above a specified number of…
…Since 2017, UNCITRAL Working Group III has been evaluating different options for the reform of investor-state arbitration. In Europe, the European Commission has decided to cancel all intra-EU BITs. More…
…claim of the foreign investors upon the payment of the insurance policy. Most bilateral investment treaties (BITs) expressly allow for such assignments, and no BIT expressly forbids them. A foreign…
…Treaties and EU law. If the intra-EU ECT award is confirmed by the ad hoc committee, EU Member States and the EU itself, having ratified the ECT, would be bound…
…would depend on the particular circumstances. Very few BITs contain general exceptions, or incorporate the general exceptions as set out in the GATT and GATS trade agreements. The general exceptions…
…wake of the Achmea decision, some governments have terminated intra-EU BITs; some tribunals have confirmed the holding of Achmea in subsequent awards (the chilling effect); and commentators continued to criticize…
