For many years, investor-state dispute settlement (ISDS), supported by thousands of bilateral investment treaties (BITs), has served as the main mechanism for deciding investment disputes. This controversial system permits affected…
…centres in arbitrations originating within Africa (“intra-African arbitration”). This is a good starting point, and would demonstrate to the outside world that African parties have faith in African arbitration, and…
…Commission against investor-state arbitration under existing intra-EU BITs, its relentless efforts to push several EU Member States to terminate their intra-EU BITs and the recent public backlash against ISDS more…
…as ISDS mechanism in these BITs is of the essence to gain the trust of those foreign investors. Conclusion In a nutshell, the conclusion of BITs by countries with a…
…of traditional BITs and the ISDS regime are are Bolivia, Ecuador, Venezuela, South Africa and Indonesia. The reason for this is that many countries concluded BITs without fully understanding their…
…by intra-EU BIT-based tribunals,1)Among these arguments are those that i) intra-EU BITs and EU law do not regulate the same subject-matter (Opinion, para. 173 ff.); ii) EU law does not…
…transformed into the so-called “Intra-EU BITs”. The problems of Intra-EU BITs arose when the European Commission started its campaign against Intra-EU BITs, alleging their incompatibility with EU law. Many EU…
…of the Convention. Söderlund views Article 72 in its historical context: a time before States entered into BITs. Thus, he concludes that Article 72 does not apply when States have…
…FTAs, which it has already negotiated (CETA, EU-Singapore FTA, EU-Vietnam FTA) or is currently negotiating (EU-Japan FTA), the proposal raises the question to what extent this is conducive to the…
…MIC disputes arising under agreements to which they are or will be parties. However, as a footnote in the Recommendation shows, disputes arising from intra EU–BITs as well as disputes…
…fifty Bilateral Investment Treaties (BITs) signed by the North African state, currently into force, and providing for arbitration to settle the disputes arising between the country and foreign investors. There…
…treaty tribunals in numerous intra-EU investment treaty arbitrations or oppose the enforcement of certain intra-EU awards. These efforts cost time, resources and money. Moreover, as it was rightly pointed out…
…and consolidated BLEU BITs tradition to prevent intra-EU arbitrations just like intra-BLEU arbitrations. Avoiding inconsistencies in international law – resulting from allowing intra-EU arbitrations while denying intra-BLEU arbitrations – calls…
…a counter-argument to the finding of this tribunal may come – funnily enough – not from an intra-EU ECT-based precedent, but from a non-intra-EU ECT-based one, namely an ECT-based arbitration…
…Treaty (ECT). Figure 2. Total Number of BITs signed by CIS States Overall, the countries in the region have concluded more than 550 investment treaties, including BITs, free trade…
…MLI redundant as between EU member states. It will apply to intra-EU disputes relating to income earned in a tax year commencing from 1 January 2018 for cases submitted from…
…terms of many BITs, UNCTAD has estimated that by the end of 2018 there will be approximately 1600 BITs that can be terminated or renegotiated at any time. This is…
…and the Panama conventions, awards issued in Santiago are enforceable in 157 jurisdictions. Treaty Shopping: A Chain is only as Strong as its Weakest Link By denouncing its BITs,…
…case powerfully proves the benefits and the need for ISDS and BITs – also or in particular for SMEs and small claims. After all, without the Netherlands-Zimbabwe BIT and without…
…By that time, model bilateral investment treaties (BITs) from the United States, France, Canada, Colombia, and the Southern African Development Community (SADC) and many prominent multilateral investment agreements, including the…
…denounce all its bilateral investment treaties (BITs) earlier this year. The Latin American nation’s feud with BITs and the International Centre for Settlement of Investment Disputes (ICSID), however, can be…
…and outreaches the particularities of the dispute at hand given the (i) uncertain future of the numerous intra-EU BITs, (ii) volume and importance of the current intra-EU investor-state disputes, and…
…treaties (“BITs”) amongst which half have entered into force (see, here). These enforceable BITs are exclusively concluded with countries in East and Southeast Asia, the European Union, Switzerland and Russia….
…arbitration proceedings, to not recognise that state action (including legislation) can potentially be challenged in BIT arbitration proceedings with reference to independent standards of protection guaranteed under BITs is a…
