…among the top 10 signatories of BITs. According to the ICSID cases database, BITs concluded by Egypt are the most relied on basis for consent to establish ICSID jurisdiction. Interestingly,…
…this realm. In particular, recent bilateral investment treaties (“BITs“) such as the 2016 Morocco – Nigeria BIT or the 2018 model Dutch BIT expressly mention the environment, or sustainable development…
…that resulting from intra-day market movements on the day of the default itself. Again, this requires non-interference from insolvency proceedings and parties would seek legal opinions to confirm this. In…
Readers of the Kluwer Arbitration Blog will be very familiar with the drama surrounding the European Union’s (EU) pushback against intra-EU investor-state dispute settlement (ISDS) as contained in intra-EU bilateral…
…EU Foreign Affairs Council’s sanctions of mid-July 2019, Turkey has intensified its hydrocarbon activities in the waters off Cyprus. At the beginning of October 2019, two Turkish drill-ships – owned…
…has become central in the relationship between EU law and intra-EU investment arbitration since the Achmea case: should it give more weight to the EU duty of sincere co-operation (aiming…
…the Nigeria-Morocco BIT. Whilst BITs remain one of the key instruments of investment protection, Benjamin Garel argued that in the specific African context, domestic investment law and State contracts are…
…2019, expressly states that the articles of incorporation or by-laws of a corporation may contain an arbitration clause. Intra-corporate disputes are therefore now expressly arbitrable under Philippine law. In addition…
ISDS is a fragmented field, consisting of a few thousand bilateral investment treaties (“BITs”) and treaties with investment chapters – such as the Energy Charter Treaty (“ECT”) or the North…
…in recent years, i.e. to concentrate on comprehensive free trade agreements (FTAs) with investment chapters, instead of on BITs. Conclusion The intervention of Colombia’s Constitutional Court aside, 2019 was…
…at least 32 countries in Africa, China ranks No. 2 (after Germany) in terms of the number of BITs with countries in Africa. Intra-African BITs are also increasing. For example,…
…that BITs are “here to stay”. This was a view that, Mr Feisal Naqvi, of Bhandari Naqvi Riaz, disagreed with. He argued that BITs do not work for Pakistan because…
…both BITs. Accordingly, both foreign shareholders could avail themselves of the protection under the corresponding BITs made effective through the investor-State arbitration contemplated in both Treaties. Article 2 of both…
…States have reached agreement on a plurilateral treaty for the termination of all intra-EU bilateral investment treaties (BITs) (“Termination Agreement”). According to the Termination Agreement, all intra-EU BITs, listed as…
…EU Member States expressed their intention to terminate all intra-EU BITs by 6 December 2019. While they seem to have reached consensus on the future of intra-EU BITs, Achmea‘s impact…
…of intra-EU BITs (see for a discussion in our Blog here). The apple of discord (that led to the three different texts) was the applicability of the Achmea-judgement to ECT…
…intra-EU BITs. The Energy Charter Treaty was also one of the highlights of the year, not only through the growing number of arbitrations concerning renewable energy, but also with the…
…that is most likely to influence the reference of disputes to regional centres such as the MARC and the MIAC. In that respect, intra-African trade is expected to grow with…
…during ILW, taking the view that Achmea is relevant to non-EU enforcement courts when investors seek to enforce intra-EU BIT awards outside of the EU. For example, he noted that…
…some “intra-EU” disputes and another set of different obligations applicable to other disputes. This would bring uncertainty and entail the fragmentation of the meaning and application of treaty provisions and…
…asserted that the principle required the tribunal “to appreciate whether Turkey and Turkmenistan intended the term ‘treatment’ to cover the BIT’s DRPs”. When, in the subsequent Garanti Koza arbitration, Turkmenistan…
…has often played a pivotal role in the resolution of a range of issues. This includes, inter alia: the validity of intra-EU BITs in light of Article 59 of the…
…clause contained in intra-EU BITs is incompatible with EU law, which effectively put an end to the intra-EU BITs (more KAB posts on the interim developments regarding intra-EU BITs can…
…to ICSID arbitration. Rather than resorting to drastic measures such as the outright termination of BITs or the renunciation of all forms of investor-state arbitration, the 2018 Code seeks to…
