The EU Sets the Standard for International Tax Dispute Resolution
…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…
Search Results for: intra-eu bits
Will 2018 Mark a Tipping Point for Binding Investor-State Arbitration?
…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…
Ecuador’s Ordeal: Is International Jurisdiction a Journey with No Return? (Part II)
…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,…
Annulment, BIT, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Zimbabwe
The Proven Benefits of ISDS and BITs –Even for SMEs and Small Claims
…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…
Closing the umbrella: a dark future for umbrella clauses?
…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…
Ecuador’s Ordeal: Is International Jurisdiction a Journey with No Return? (Part I)
…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…
Digesting the AG Wathelet Opinion in Case C-284/16 Slowakische Republik v Achmea BV. Is it A Trap?
…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…
Investor-State Resolution: A Snapshot of Cambodia
…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….
India Secures Ex-parte Ad-interim Injunction Restraining Vodafone BIT Arbitration
…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…
Arbitration, Arbitrator's mandate, Arbitrators, Costs, Counsel conduct, IBA Guidelines on Party Representation, ICC, ICSID, Independence and Impartiality, LCIA Arbitration, New York Convention
Challenges to the Legitimacy of International Arbitration: A Report from the 29th Annual ITA Workshop
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…
Amicus Curiae, Arbitration, Energy Charter Treaty, European Commission, European Law, European Union, Intra-EU BITs
The Future of Intra-EU ECT Claims in the Face of EC Opposition: Boom or Bust?
…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…
How States Manage Their Obligations Under Bilateral Investment Treaties: Opportunistically Changing The Rules of The Game or Legitimately Exercising Their Sovereign Rights? (Part II)
…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…
How States Manage Their Obligations Under Bilateral Investment Treaties: Opportunistically Changing The Rules of The Game or Legitimately Exercising Their Sovereign Rights? (Part I)
…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…
Will India do away with investor state arbitration?
…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…
Arbitration, Energy, Energy Charter Treaty, European Commission, Fair and Equitable Treatment, Investment Arbitration, Italy, Legitimate Expectations
Legitimate Expectations in the Absence of Specific Commitments According to the Findings in Blusun v. Italy: Is there Inconsistency Among the Tribunals in the Solar Energy Cases?
…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…
Life after ICSID: 10th anniversary of Bolivia’s withdrawal from ICSID
…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…
Let the Show Begin: Poland Has Commenced the Process of BITs’ Termination
…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…
Squaring the Circle: Reconciling the Conflicting Awards in the Eiser and Isolux Spanish Renewable Cases (Part I)
…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…
What is Brazil Bringing to the Table? Dispute Prevention and Resolution under the Brazilian Agreements on Cooperation and Facilitation of Investments (ACFI)
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….
BIT between Morocco and Nigeria – A Bold Step in the Right Direction?
…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…
The CJEU’s Opinion on EU-SING FTA: More Confusion than Clarity
…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….
Ecuadorian BITs’ Termination Revisited: Behind the Scenes
…(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…
The Protection of Investments in Disputed Territories: A Panel Hosted by BIICL’s Investment Treaty Forum
…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;…
Australia’s International Arbitration Act Amendments: Rejuvenation by a Thousand Cuts?
…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…