…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…
The 29th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on 14-15 June 2017 in Dallas, focused on a timely subject of much importance to the…
…of intra-EU BITs, the EC has already experienced some success. Ireland and Italy ended all of their intra-EU BITs in 2012 and 2013, respectively. When other Member States were hesitant…
…simply adding more specific language to their new BITs. But what can they do with the existing treaties? Due process concerns Joint interpretative statements, as explained in the first part…
…intention to terminate (or not renew) respective BITs. As to the remaining 25 BITs that cannot yet be terminated because the initial period for which the treaty was signed has…
…renegotiate all its existing BIT’s to bring it in tune with its 2015 Model BIT. India has, thus far, served termination notices to 57 countries, which includes capital exporting states…
…available to the public. Although the Tribunal dismissed the infamous intra-EU jurisdictional objection raised by the European Commission as amicus curie, all claims were subsequently rejected on the merits. Similarly…
…sought other fora for pursuing their claims. They did so on the base of bilateral investment treaties (“BITs”) entered into by Bolivia. Bolivia had 23 BITs in place before denouncing…
…a line of twenty-three intra-EU BITs which will probably be terminated sooner rather than later. Arguments for the alleged nonconformity of intra-EU BIT with EU Law are well known. The…
…that they appear to put an end to the “intra-EU” objection that Spain had raised. Indeed, the tribunals confirmed Spain’s argument that the 2012 law which imposed a 7% tax…
For a long time, Brazil remained one of the few main economies without foreign investment agreements – in the 1990s, 14 Bilateral Investment Treaties (“BITs”) were signed, but never ratified….
