…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…
…may perhaps have been on the same footing as India – which has revoked 58 of its BITs in the recent past. India currently has only 14 BITs in force,…
…is outside the scope of the BIT. This provision is consistent with Brazil’s Model BIT. Brazilian lawmakers have been critical of provisions in BITs that allow foreign investors to challenge…
…in other BITs to help further climate change goals. Provisions promoting the transition to a sustainable economy are present in few existing BITs. However this has not always prevented tribunals…
…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…
