…of the funder’s commitment towards adverse costs liability. A similar provision can be found in newer generation BITs like the Iran-Slovakia BIT [Article 21(6)] which expressly provides for the circumstances…
…system,2) See, (i) the new generation of IIAs, in particular the FTAs signed by the EU, but also the new models of BITs; (ii) the amendment process of the ICSID…
Like a chronicle of a death foretold, the systematic denunciation by Ecuador of the Bilateral Investment Treaties (“BITs”) signed with various states formally began in 2009. Although, the origin of…
…The first panel of the conference discussed the possible fate of intra-EU BITs after the Achmea judgment and canvassed the options available to investors for the enforcement of their rights….
…not declare that all ISDS provisions in intra-EU BITs are incompatible with EU law, but focused only on the particular one in the Netherlands-Slovak BIT, which was at issue in…
…experts under the moderation of Adriana San Román. Addressing the EU’s Renewable Energy Source (RES), Anton Garcia (Compass Lexecon) mentioned that in order to achieve the EU’s RES deployment, Member…
…BITs, it effectively renders the 196 intra-EU BITs currently in force impracticable. The investor-state arbitration mechanism is fundamental to a BIT, intra-EU BITs being no different. Investment treaty tribunals constituted…
…of the Achmea decision on all Intra-EU BITs might be premature. Whilst a considerable number of Intra-EU BITs indeed refer to domestic or national laws of contracting states, and in…
…Lebanon. 4. Existing BITs and trade agreements Lebanon’s substantial investment protection is finally fully efficient since an authorization by the executive power is no longer required to allow conducting an…
…of entering the investment, rather than when a dispute is foreseeable. The host state’s response to abusive treaty shopping might be to amend existing BITs or to terminate existing BITs….
…Intra-EU Investment Treaty Let’s imagine an investor who obtains a favourable award against an EU Member State, and that the state fails to comply with it, for one reason or…
…assets under the commercial activity exception. First, parties should include explicit waivers in BITs and contracts. Furthermore, arbitral institutions should amend their rules to this effect. Notwithstanding this, even explicit…
…of the most recent precedents touching upon this matter, the post attempts to argue the viability of wielding BITs provisions against occupying powers and their unlawful interference, thus circumventing recurrent…
…undesired liability for the costs of TPF. Patrick Dumberry, State Succession to BITs in the Context of the Transfer of Territory of Macao to China: Lessons Learned from the…
The world after the Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April…
…treaty (“BIT”) between the Netherlands and Slovakia to be incompatible with EU law. This decision potentially affects the effectiveness of the roughly 200 BITs concluded between the EU Member States,…
…world by declaring arbitration clauses contained in intra-EU BITs incompatible with EU law. Without the possibility to rely upon the intra EU–BITs investors can only rely on the legal provisions…
…9-B of the TPP. , The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (“CETA”)2)Article 28 of the CETA. , China-Korea Free Trade Agreement3)Annex 12-B, 3(b) of the China-Korea Free…
…(click here) In these cases, investors based their claims on either contracts or investment treaties. They invoked BITs, the Dominican Republic-Central America Free Trade Agreement (“DR-CAFTA”), or the Free Trade…
…that intra-EU BITs are not incompatible with the EU law seems clear: abandon all hope. That conclusion is justified not by the operative part of the CJEU’s decision, but even…
…agreements concluded between the Member States of the European Union (“EU”) in the so-called intra-EU BITs have an adverse effect on the autonomy of EU law. Achema case is a…
…protect investors post-termination of BITs. It is, of course, only the ISDS (investor-state dispute settlement) mechanisms of intra-EU BITs that are potentially affected by the CJEU’s decision. The substantive protections…
…the need to amend BITs and other investment agreements to better reflect matters of consent, arbitrability, and enforceability. The final part of the panel discussion involved a brief update on…
…issues that were discussed involved jurisdiction, whether the definition of ‘investor’ includes an SWF and whether their actions may be regarded as an ‘investment’, under BITs and the ICSID convention….
