Could Indonesia join the TPP?
…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…
Search Results for: intra-eu bits
The Impact of Third Party Funding on Allocation for Costs and Security for Costs Applications: The ICCA-Queen Mary Task Force Report
…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…
Challenges and Opportunities in International Energy Arbitration: a Report from the 3rd Annual ITA-IEL-ICC Joint Conference
…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,…
The EU and Investment Arbitration under the Energy Charter Treaty
…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…
Unveiled: Indian Model BIT
…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…
U.S.-Cuba relations: what is next for U.S. investors?
…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…
Is a Uniform Arbitrability Rule Needed at an International Level?
…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…
To Include or Not to Include an Energy Chapter in TTIP?
…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)…
In the Realm of Greater Transparency: Is It Just ‘Much Ado About Nothing’?
…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…
Australia, Canada, CETA, China, Japan, New Zealand, Peru, TPP, Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership
“Essential Security” for the United States in TPP and Beyond
…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…
Australia, Expropriation, Investment, Investment agreements, Investment protection, ISDS, TPP, Trans-Pacific Partnership, Uruguay
Indirect Expropriation under the TPP: A New Frontier for the Right of States to Regulate?
…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…
The Kingdom of Thailand And International Arbitration – Ending The Journey On A Winding Tollway?
…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…
Rethinking Interested Parties in ISDS: The case of 3rd States
…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…
The Curious Incident of Iraq and the ICSID Convention
…author currently understands that Iraq is signatory to thirty-two bilateral, and nine multilateral agreements within the Arab League, with respect to Investment Promotion and Protection (IPPA). BITs also exist with…
Arbitration, BIT, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
On ISDS, for the Record.
…Convention and the signing of close to 3000 BITs worldwide. Let the record on ISDS be set straight, and airtime be given to fruitful, fact-based discourse when the debate reaches…
Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized
The Reform of the Russian Arbitration Law: The Arbitrability of Corporate Disputes
…arbitration clauses agreed by Russia in bilateral investment treaties (BITs) will not be affected by this provision. Most Russian BITs envisage an optional right for an investor to submit a…
Digging Up the Past: Can Greece Handle Another PSI Challenge?
…Greeks. The Slovakian bank Poštová Banka and its Cypriot subsidiary Istrokapital argued that under the Greece-Slovak Republic and the Cyprus-Greece Bilateral Investment Treaties (BITs), they were entitled to compensation for…
Bitten by the BITs, India looks to constrict its Model BIT
…would be used to renegotiate the 72 currently active BITs of India. From the perspective of the foreign investor, the most significant role for this Model BIT should be to…
Canada, ICSID Arbitration, ICSID Convention, Italy, Nationality requirement in arbitration clauses, UNCITRAL, Venezuela
Treaty Claims by Dual Nationals: A New Frontier?
…provisions for the protection of investments’. Having found that BITs constitute ‘lex specialis’ between the contracting parties and are not ‘subject to the application of customary international law’, the tribunal…
A Need for Preventive Investment Protection?
…It should come into play only after the Parties have failed to reach an amicable settlement following the investor’s dispute notification. The BITs do not exclude approaching the Host State…
Arbitration Awards, Emergency Arbitrator, Energy Charter Treaty, Enforcement, Investment Arbitration, Ukraine
Enforcement of the JKX Oil & Gas Emergency Arbitrator Award: A Sign of Pro-arbitration Stance in Ukraine?
…(“ECT”) and the Ukraine’s bilateral investment treaties (“BITs”) with the Netherlands and the United Kingdom. On January 14, 2015, emergency arbitrator (“EA”) Rudolf Dolzer issued an emergency decision ordering Ukraine…
Reforming Investment Treaties: UNCTAD’s 2015 World Investment Report
…negotiation in which BIT-type provisions are on the agenda overlap with 140 agreements… If the States that are parties to these forthcoming agreements opted to replace the pre-existing BITs between…
The Canadian Model BIT—A Step in the Right Direction for Canadian Investment in Africa?
…in the BITs it signs. With the exception of the Canada-Tanzania BIT, all of the New Canada-African State BITs include this provision. The provision may not be included in the…
Cost allocation mechanisms, Counsel, Counsel conduct, Emergency Arbitrator, International arbitration
Arbitration 2015: The Best of Times or the Worst of Times? A Debate
…that the rule of law can be preserved through strong government support of investor-state disputes (ISD) (i.e. entering into bilateral investment treaties (BITs)). He suggested that it is arguably for…