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…
Search Results for: intra-eu bits
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…
Brazil, Investment agreements, Investment Arbitration, Investment protection, ISDS, Recognition and enforcement of arbitral award
Brazil’s New Investment Treaties: Outside Looking … Out?
…explained by how the Brazilian CFIAs fit in the current international investment law system. The first question one may ask in this regard is whether CFIAs are BITs. Although they…
Arbitration, Energy, Energy Charter Treaty, Investment, Investment Arbitration, Investment protection, Investor, Italy, Russia
What’s New with the Energy Charter Treaty?
…of BITs which would offer similar protection to the investments in the solar energy sector.) Perhaps the real concern following Italy’s withdrawal is the prospect that other states, in particular…
Are Anti-Suit Injunctions Back on the Menu? Part 2: The CJEU’s Decision in Gazprom
…deployed Recital 12 of EU Regulation 1215/2012 (the “Recast”) and argued that it overturned the West Tankers prohibition on intra-EU court anti-suit injunctions in support of arbitration. (Although Gazprom fell…
From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT
Introduction The Government of India recently released the Draft Indian Model BIT (“Draft BIT”) for public consultation. India has an extensive BIT network with over 72 BITs in force. In…
Multilateral Investment Treaties in the MENA Region: The Next Big Thing?
…of the first ever Bilateral Investment Treaties (BITs)1)BIT between Pakistan and Germany dated 25 November 1959. and of the estimated 2,750 BITs that exist today, 622 (approximately 22%) are with…
Upholding Delocalized Enforcement of ICSID Awards
…intra-EU ICSID award with EU policy. Typically, enforcement of an arbitration award against a foreign state is subject to personal jurisdiction, service of process, and venue requirements under the U.S….
Egypt: New Investment Law – ADR for Investor-State Disputes
…investors. Egypt is rather willing to confirm that it does not offer a free-standing consent to international arbitration. Consent could rather be established on BITs or investment contracts. Egypt is…
Canada, China, and the Anti-BIT
…the US, the novel provisions in the Canada-China BIT demonstrate the myriad of ways in which states can structure BITs to protect their own interests, and make these agreements anti-BITs….
Investment Arbitration and Legal Protection Under European Law – Frankfurt Court Strengthens the Efficiency of Arbitration Agreements
…the OLG Frankfurt are both, a convincing step towards greater clarity in the resolution of intra-EU investment disputes and a powerful expression of trust in the sophistication of international investment…
Emergency Arbitrators in Investment Treaty Disputes
…the most relevant: according to an ICC report 18% of BITs refer to ICC arbitration, whereas the SCC Rules are available under 60 BITs and the multilateral ECT. By contrast,…
Constitutional Review of Arbitral Awards: Between Protectionism and Interventionism
…events that are not isolated from each other, nor from the issues previously exposed. The actions taken by Ecuador, such as the termination of several BITs, the denouncement of the…
Mass Claims in Investment Arbitration- The Need of the Hour
…consistent. As I pleaded once before, consistency in investment arbitration would enable to gain the trust of states and investors. The ICSID/BITs system has already seen countries such as Bolivia,…
BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership
A Question of Democracy: The German Debate on International Investment Law.
…under constitutional or EU law. On the contrary, in central aspects CETA lags behind the level of investment protection offered under constitutional law and EU law. Concerns in respect of…
Effects of Settlements in Investor-State arbitration
…locally incorporated company and differentiates between the rights of investors under BITs and the rights of a local company under local municipal law. Investment arbitration case law shows a trend…
Looking behind the Statistics for Investment Arbitration
…violations of contracts, and revocation or denial of licences. A prominent issue during 2014 was the compatibility with EU law of investment treaties between EU Member States (“intra-EU BITs”). On…
Gaillard and Banifatemi on Strategy Insights into the Yukos Arbitration at Harvard Law School
…the talk by describing Yukos as a “highly political case” and acknowledging that the tribunal treated it as such. “The case shows that investment instruments such as BITs and the…
Should Investment Treaties Have Their Own Rules of Interpretation?
…handful of BITs in 1969, bilateral treaties are probably the oldest type. The text of the Vienna Convention reflects consideration of this species of treaty. Article 60 distinguishes between material…