…unlike most BITs that simply represent obligations which host States must respect in guaranteeing the safe operations of foreign investment like provisions on fair and equitable treatment, full protection and…
…a seal of approval from the CJEU that the EU-SING FTA and all future EU trade and investment treaties fall completely within the EU’s exclusive trade and FDI competence (Art….
…(ii) that local law replaces the protections and guarantees of a BIT; and, (iii) that BITs imply more foreign investment. The termination of the remaining 17 BITs has been mainly…
…be how much a tribunal is willing to interpret these jurisdictional terms as analogous. BITs might be assimilated into a general category of human rights protections—at a level of principle;…
…after Switzerland’s ratification on 18 April 2017). Ratification is important to give the revised s22 more “bite”, since Australia has many earlier BITs allowing arbitration under UNCITRAL Rules but lacking…
…be brought in line with EU requirements) were acceptable. The same is likely to be true of the other BITs that Iraq has signed with European countries, including France, Italy,…
…State may offer its investors the possibility of submitting investment disputes to arbitration. A unilateral offer may be provided for in multilateral investment treaties, BITs or domestic investment laws. Investors…
…Netherlands, Romania, Slovakia and Sweden in respect to their Intra-EU BITs. As highlighted by the European Commission, Intra-EU BITs affect the single market by conferring rights to some EU investors…
…ruling in such a way is also apparent. Bruce Klaw argues compellingly that BITs hold great promise for serving as tools to hold states accountable to avoid and prevent the…
…Ecuador and Bolivia have terminated a significant number of their bilateral investment treaties (BITs), and others—particularly in Latin America—have denounced the ICSID Convention. In a luncheon interview conducted by Professor…
…but rejected it on the merits.1)For a more detailed analysis of the merits part of the award in Urbaser from human rights perspective, see Edward Guntrip. Asymmetric nature of BITs:…
…action against Argentina in recent years. On its face, the FET clause in the Argentina-Qatar BIT (the “BIT”) shows a more restrictive approach than the ones in previous BITs entered…
…ISDS cases may have had less impact on subsequent signing bilateral investment treaties (BITs) and Free Trade Agreements (FTAs) by Asian countries compared to other parts of the world. Dr…
…date), such a coordinated annihilation of intra-EU BIT regime seems unlikely. Even when a proposal for a comprehensive phasing out of intra-EU BITs was made in April 2016, it suggested…
…– indeed many BITs explicitly exclude tax matters (e.g. the Hong Kong-New Zealand BIT), subject to certain exceptions, such as in the context of expropriation. The second hurdle is proving…
…and company characteristics. Typical clauses for interest compensation in Bilateral Investment Treaties (BITs) define prejudgment interest as a “normal commercial rate.” This is the exact phrase used in BITs with…
…intra-EU BITs. Poland is a contracting party to approximately 60 BITs (23 of them are intra-EU BITs) and the Energy Charter Treaty. Interestingly, Poland is not a contracting party to…
…do not seek to hold on to bits of membership as we leave”. She further warned the EU negotiators that “no deal for Britain is better than a bad deal…
…currently exist in Myanmar’s investment treaty regime, namely its BITs with China, India, Japan, Laos and Thailand. Myanmar’s BITs with Israel, Korea and Vietnam likewise provide such standing offers, but…
…a moral damages claim. Even though BITs and other investment treaties, to the author’s knowledge, do not contain provisions on awarding moral damages to either party, investment tribunals have affirmed…
…and the unawareness of the obligations which BiH has under its BITs and international treaties will jeopardize the future of investments. This mandates raising awareness, and a serious analysis and…
…this is strikingly similar to the system provided for in practically all bilateral investment treaties (BITs). This shows that the provisions contained in BITs and the jurisprudence developed by arbitral…
…to entangle itself in a web of BITs, by signing but not ratifying 14 BITs in the 1990s. Since 2015, however, Brazil has signed new BITs with Angola, Chile, Colombia,…
The recent developments concerning the signature of the Comprehensive Economic Trade Agreement (CETA) between Canada and the EU have illustrated the paralysis and inability of the EU and its Member…
