…world, and in honing my own writing skills, I have two key bits of advice. First, think big picture. Research involves understanding details and forming evidentiary bases for your ideas….
…& Ana Stanic, The Future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment (Kluwer 2020) Bruno Guandalini, Economic Analysis of the…
Mexico and the EU recently released a draft text of the upcoming EU-Mexico Free Trade Agreement (the “Agreement in Principle”), including its proposed investor-State dispute chapter. As explained in the…
…13 BITs still under discussion. These BITs mirror several provisions of the Model BIT. For example, the Belarus BIT (2018) included most provisions as stipulated in the Model BIT. These…
…myriad of viewpoints on any given issue through the several submissions that I have an opportunity to review and study. One of the most satisfying bits, perhaps, is when the…
…2020 agreement for the termination of intra-EU bilateral investment treaties that followed the above declarations has not provided any further clarity on the future for intra-EU ECT arbitration. Despite the…
…by investors against several EU members in the period 2013-2016. This surge fuelled ongoing discussion on preventing the intra-EU application of investment protection treaties. The withdrawal of Italy added an…
…“standard”. Finally, the arbitrability of corporate issues in the CEE/ Russia/ CIS region is not precisely defined and remains heterogeneous. For instance, while intra-corporate disputes (shareholders’ decisions, shareholders’ exclusion from…
…discriminated against if one excludes occupied territory from the BIT’s definition of “territory”, triggering the underlying non-discrimination standard of FET. All claims regarding Crimean investments have been filed by Ukrainian…
…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…
