Towards the Uncertainties of a Hard Brexit: An Opportunity for International Arbitration
…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…
Search Results for: intra-eu bits
Myanmar’s New Investment Law and its Confidence in International Arbitration
…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…
ISDS, Moral Damages, Reputational Harm… To The State – A Comment In The Wake Of Lundin
…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…
Arbitration, Arbitration Proceedings, Bosnia and Herzegovina, Energy Charter Treaty, Investment Arbitration, Investment protection, Investor
Winter is Coming: Investment Arbitrations Striking Bosnia and Herzegovina
…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…
Arbitration, Energy Charter Treaty, Expropriation, Germany, Investment Arbitration, Legitimate Expectations
The German Constitutional Court Judgment in the Vattenfall case: Lessons for the ECT Vattenfall Arbitral Tribunal
…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…
Brazil, BRICS, Fair and Equitable Treatment, India, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Model BIT, The Netherlands
The Year 2016 for India – Of New Beginnings and Not-So-Happy Endings?
…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,…
Belgium, CETA, CJEU, ECJ, European Law, European Union, Germany, Intra-EU BITs, The Netherlands, Transatlantic Trade and Investment Partnership, Ukraine, Vietnam
The CETA drama: Entering the dark age of protectionism and nationalism?
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…
Appellate Body, BIT, Free Trade Agreements, Free Trade Area of the Asia-Pacific, International arbitration, Investment Arbitration, ISDS, Regional Comprehensive Economic Partnership, TPP
Mega-Regional Investment Arbitration
Investment obligations and investor-State arbitration provisions normally have been negotiated under bilateral investment treaties (BITs), or, more recently, in the larger context of free trade agreements (FTAs). For investment provisions,…
The Requirement Of “Effective Seat” in CEAC Holdings Limited v. Montenegro: Are We Moving Towards a Double-Barreled Test for Protected “Investor”?
…approach needs to be compared with BITs providing merely that a qualified investor is one who has his place of incorporation in the territory of the home State. For instance,…
The End of Intra-EU BITs: Fait Accompli or Another Way Out?
…on intra-EU BITs will definitely provide important guidance on the relationship between EU law and intra-EU investment arbitration as well as the future of intra-EU BITs in general. It will…
BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Singapore Court of Appeal, Vienna Convention on the Law of Treaties
Sanum v. Laos (Part II): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT
…As for the applicability of PRC-concluded BITs to Macau, the SGCA was placed in the difficult position of having to deal with an exchange of diplomatic correspondence by the contracting…
BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Taxation, Vienna Convention on the Law of Treaties
Sanum v. Laos (Part I): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT
…to the differences in language and architecture of the various BITs under consideration, as well as the interpretative context, placing particular emphasis on whether the BITs expressly demarcated the determination…
Arbitration, Arbitration Proceedings, Arbitrators, IBA Guidelines on Party Representation, Investment Arbitration, Secretary of the Arbitral Tribunal, The Pledge, Third party funding
The World Is Not Enough
…about disclosure of funders. Today we have several new sources—including the IBA Guidelines, the ICC Practice Note, proposed Hong Kong and Singapore legislation, and some new BITs—which establish standards for…
Why Brexit May Be Good for UK Investors Abroad
…arbitral tribunals in intra-EU BIT arbitrations. They argue that intra-EU BITs are incompatible with EU law. To date arbitral tribunals seized under intra-EU BITs do not appear to have followed…
Consequences of “Brexit” on International Dispute Resolution: Special Issue of Journal of International Arbitration
…Intra– and Extra-EU BITs”. While the Government may in fact already be holding at least informal talks on such future treaties, Burgstaller and Zarowna show that as a matter of…
International environmental disputes, International Law, International tribunals, Investment agreements, Investment Arbitration
Climate Change in Investor State Arbitration: Ideas on Application Ex Officio and Transnational Public Policy
…inter and intra-generational equity and public trust doctrine, to direct the government to take further action on climate change. At the international level, courts of general jurisdiction (e.g. ICJ) have…
The Contents of Journal of International Arbitration, Volume 33, Issue 4, 2016
Volume 33 Issue 4 ARTICLES SECTION Stephan Wilske & Chloë Edworthy, The Future of Intra-EU BITs: A Recent Development in International Investment Treaty Arbitration Against Romania And Its Potential Collateral…
Revisiting the Expropriation Hydra: Constructing a More Legitimate Face
…use. Some BITs and FTAs, such as the 2012 U.S. Model BIT, the Canada-EU Comprehensive Economic and Trade Agreement (CETA) and the Trans-Pacific Partnership Agreement (TPP) already use the term…
Guest Posts on Brexit and International Arbitration
…enforcement of arbitral awards, the future of TTIP, the negotiation of new international investment treaties (including intra-EU BITs), Brexit’s impact on the international arbitration bar, whether the Brexit vote (or…
Brexit, Sanctions and the Rise of Asian Arbitral Seats: Much Ado about Nothing or Reshuffling the Cards?
…intra-EU anti-suit injunctions, so too could other EU courts as against the UK. However, if the UK does leave the EU, it is likely that it will accede to another…
The TPP as a Template to Liberalize Investments: Normative Glory or Chaos?
…have an impact on the rules governing global investment, influencing future and current negotiations of Bilateral Investment Treaties (“BITs”) and Free Trade Agreements (“FTAs”). It might even guide the negotiations…
Multilateral Investment Treaties in Asia: Alternatives to the Investment Chapter of the Trans Pacific Partnership Agreement in Asia?
…direct investments flowed into developing countries, of which Asia received US$ 465 billion. A sizable portion of international investments in Asia is intra-Asia in nature, particularly in respect of investments…
YAI TALKS #DC: Treaty Claims by Dual Nationals and Collection of Treaty-Based Awards
…that states intended to be sued by their own nationals when they signed BITs? Should tribunals look beyond the text of the treaty to discern the intention of the parties…
New Investment Arbitration Center in Latin America: UNASUR, A Hybrid Example of Success or Failure?
…are found in the diplomatic protection mechanisms (supported by the ICJ in Interhandel, further clarified in Diallo). Nowadays, most BITs do not require the exhaustion of local remedies. However, some…