…in Nigeria recommended the co-existence of a federal arbitration law (dealing with arbitration arising from international and inter-state transactions) and state arbitration laws (dealing with arbitration arising from intra-state transactions)….
…put at risk. In such circumstances, investment arbitration under the existing BITs is the only neutral and effective remedy left for foreign investors. Instead of terminating the existing BITs, the…
…the international dispute settlement provisions in the Netherlands-Slovakia BIT to be incompatible with EU law, intra-EU investor-state arbitration is now precluded under EU law. This was reaffirmed in the CJEU’s…
…sectors and to support trade you need infrastructure. Key barriers to investment include: Intra Africa trade is minimal as there is more trading outside the continent than inside. Most African…
…protection of investment section in BITs. However, different BITs use different wording to express the same concept. For example, Article 4.1 of the Argentine Republic – Japan BIT expresses the…
…investment arbitration is to blame for regulatory chill, and a general sentiment of anti-globalisation as well as opposition to trade deals. In addition, the status of intra-EU investment law remains…
…effort to attract FDI. Bilateral Investment Treaties (BITs) were a central plank in this effort.1)It is difficult to be definitive as to the number of BITs which Zambia has signed…
…exist in inter-state disputes, such as maritime border disputes or even investor-state disputes under bilateral investment treaties (“BITs”), which investors could invoke either as means of protection against restrictive environmental…
…many unratified intra-African BITs that provide for ISDS;2)See e.g. Morocco-South Sudan BIT (2017). (3) the existence of numerous ‘in force’ BITs between African States and third states that also provide…
…ICSID Convention are in Africa. More than half of the countries in Africa have ratified the 1958 New York Convention; Collectively, African countries have signed hundreds of BITs that provide…
…Intra-EU investment arbitration. While the tribunal acknowledged that the European Commission (and most EU member states) argue for the disapplication of Article 26 of the ECT in intra-EU cases, it…
Our previous posting set out the background to the current trade tension between Korea and Japan. It outlined the possibility of Japan bringing claims under a 1965 Treaty that purported…
…most likely to be applied. Best Practices in Intra-EU BIT Termination Any approach to the termination of intra EU–BITs chosen by the BiH government will have to be in…
…the intra-family dispute between the Rineharts, and the underlying provisions contained in the deeds.2) Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13 Taking this into consideration, the High Court…
…existing 3,000 IIAs that fail to impose any obligation upon the investors, and even from the recent trend of BITs which merely state their commitment to conform to Corporate Social…
…of sharing facilities and expertise? For the Centre, there will be more visibility, especially from the parties to investment arbitration, as CRCICA features in about 32 Bilateral Investment Treaties (BITs)….
…at the domestic level that aspiring arbitrators can gain experience and help develop an arbitration consciousness among the domestic and intra-African businesses, in particular, the small and medium enterprises. This…
…treaties (“BITs”). Between 1991 and 2000, Chile signed more than 50 BITs with states such as Bolivia, France, Germany, Malaysia, Spain, the UK, and Venezuela. However, since 2000, Chile has…
…coming out of this Central Asian region. Protection through Regional BITs In addition, BITs are particularly valuable for addressing cross-border disputes. As recognized by some, consistent with the rise…
…investment arbitration by showing that nearly half (47%) of the already concluded intra-EU investment arbitration cases, between 1987 and 31 July 2018, were decided in favour of a state. However,…
…has 12 BITs in force and 8 signed but not yet in force. It has ongoing disputes under two of its BITs, as recorded by the investment policy hub, where…
…accession” (§84). It was merely the enforcement of a right that had arose in 2005, when Romania repealed the relevant incentives. With respect to the intra-EU aspect of the applicable…
…for intra and extra regional agreement disputes, while it is negotiating a new treaty with the EU. Seeking to Speak With a Single Voice? It is not just a…
…decade long relentless campaign to extinguish intra-EU BITs would be successfully concluded. The aim is apparently to terminate all intra-EU BITs by way of a multilateral treaty among the EU…
