…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…
…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…
…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…
…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…
…of Treaties (“VCLT“) thus serving as an aid to interpretation? Fourth, is the arbitration route under Article 8 (reflected in many “first generation” Chinese BITs) reserved only for disputes relating…
…which submitted that there existed in the ECT an “implied disconnecting clause” for intra-EU relations which disconnected EU State members from the ECT, in their relations among them. This was…
…and in other cases try to rethink the dispute resolution procedure governing ISDS (see the ISDS mechanism in the Comprehensive Economic and Trade Agreement between Canada and the EU). However,…
…context of TTIP in November 2015 as well as the system adopted in the EU-Vietnam FTA (January 2016 text) and Canada EU-CETA (February 2016 text). For TTIP, the proposed ICS…
…the European Union, the United States and Canada. India is presently a member to over eighty BITs and Free Trade Agreements (FTAs) and as such has a strong interest in…
…intra-EU BITs, extra-EU BITs, and future investment agreements concluded by the EU itself. Illustration of the conflict A fictitious case study was proposed based on the Vattenfall case (settled in…
…Law in the signatory states of the BITs. The greatest visible success of this campaign has certainly been the fact that any ISDS claims regarding tobacco measures have been fully…
…Bulgaria and Egypt. In the meantime, no new BITs, or negotiations for new BITs, have been announced. At the same time that it has been taking steps to terminate its…
…the TTIP and a few Model BITs, such as the French BIT Model, which purport to deal with TPF in investment arbitration. There is currently no provision in any national…
…Syria and Libya have entered into bilateral investment treaties (BITs) and private contracts with arbitration clauses that remain in force. While challenges exist in invoking such legal rights (for example,…
…This conference moves away from the BITs discussion and aims to bring legal experts, practitioners and policy makers to discuss the interaction of EU law with investment arbitration under the…
…renegotiate its existing BITs with around 73 countries and for entering into new BITs. Owing to the language and stance of the Draft BIT, it was also perceived to inhibit…
…island in different fields including tourism, oil, banking, airlines industries among others. Moreover, Cuba has 40 bilateral investments treaties (“BIT”) in force (out of 60 BITs signed) with countries from…
…in different jurisdictions. Even if we consider typical commercial areas—intra-corporate disputes, securities, intellectual property, fair and unfair competition, distribution contracts, financial contracts, insurance, transport, insolvency, or regulated economic sectors (including…
…BITs between the US and several EU Member States, and the ECT. This could lead to divergences and legal conflicts with the ECT jurisprudence and EU law (including the CJEU)…
…of the EU Commission’s willingness to add the EU among the signatory parties. States are conscious that the 2013 UNCITRAL Rules and the Mauritius Convention can concretely provide for a…
…to the Senate for ratification from the 1990s and early 2000s also indicate that subject-matter limitations may have been contemplated in the essential security provisions of these US BITs. For…
…and non-compensable measures is the same language used in the 2004 and 2012 US Model BITs, and has been replicated in almost all the free trade agreements (FTA) and bilateral…
…particularly sets out a number of measures explicitly to strengthen foreign investments into ASEAN as well as intra-ASEAN investments. At the same time, Art. 33 of the ACIA provides, apart…
…treaties (”BITs”) with a number of countries. Due to a variety of factors, these lay dormant for decades as State A is not exposed to investor claims. Governments and policies…
