…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…
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,…
…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,…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
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…
…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…
…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…
…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…
