…them, EU law is the game changer, which pushes aside any existing obligations of the EU Member States, which may exist by virtue of intra-EU BITs, the Energy Charter Treaty…
…objections based on BITs’ “fork in the road” provisions or Article 35, §2, b) of the Convention, which provides that the Court shall not deal with a matter already submitted…
…recently readopted an active and ambitious role in investment arbitration, analyzing the relationship between intra-EU investment agreements and EU law. Such stance can be observed, amongst others, in the amicus…
and Alex Wiker, Dickinson School of Law On January 14, the Pilot Project for Arbitrator Intelligence—whose launch was first announced here on the Kluwer Blog—came to an official close. We…
…fact that India has already signed BITs with 82 States, of which around 72 have been ratified. The new model BIT will have no effect on these BITs until they…
…EU court against the same (134-136). Further, Recital 12 states that the Recast does not apply to “ancillary proceedings” relating to an arbitration (137-140). Thus, as intra-EU court anti-suit injunctions…
…Huta” S.A. v. Turkey, ARB(AF)/06/2, Award 17 September 2009, para. 177) Other arguments cited in support of PYOWA include the fact that BITs give investors a unilateral right to sue,…
…BITs) involve different political calculi, leading to varying probabilities of successful ratification. BITs need only be approved by the Senate, which for the last 25 years has been more supportive…
…of BITs with other States. Currently the Swiss State Secretariat for Economic Affairs (SECO) is engaged in a systematic effort to update and expand Switzerland’s network of BITs. In the…
The debate regarding the extent to which most favoured nation (‘MFN’) clauses in bilateral investment treaties (‘BITs’) can expand the scope of application of such treaties is a well-established and…
…doctrinal areas in which futility is relevant, in particular mandatory time periods contained in many BITs relating either to “prior recourse” to the local courts or to obligatory efforts to…
…a sunset period of 15 years after the BIT’s termination. Further, even if all of its BITs were terminated, Indonesia would still be subject to its obligations under the ASEAN…
…the ICSID Convention, and signed fourteen (14) Bilateral Investment Treaties – BITs, but never ratified them). (ii) Bolivia’s, Ecuador’s and Venezuela’s withdrawal from the ICSID Convention, due to alleged structural…
…the basis of intra-EU BITs and Energy Chapter Treaty claims. Such fact shows again that investor state arbitration is switching from Latin American countries to other regions, possibly triggered by…
…judiciary liable in a milieu such as this is controversial, not least because there is a high possibility that when India was in a spree of signing BITs it did…
…while 50% have never applied them. This intra-European variance could be explained, perhaps, by the fact that the Eastern European countries underwent intense legal reforms more recently. During their efforts…
…into BITs (which are still in force) and have denounced the ICSID Convention, can still offer investors a way out, strictly depending on the provisions in the BITs, whereby they…
…Finally, with very few exceptions, such as the BIT executed by Peru with Colombia, a low or zero-transparency policy is seen in all the BITs executed by Peru. Normally, in…
…BITs—uses both the singular and plural. The Ambiente majority noted this language, while the dissent was unable to explain away the usage of the plural. Mr. Wordsworth also questioned the…
…my recent article, despite the assumption that international trade disputes must be resolved before the WTO DSB, the existence of broad umbrella clauses in BITs present a promising vehicle for…
Readers of this blog are likely to be familiar with the existence of Bilateral Investment Treaties (“BITs”) and the wealth of arbitral awards made publicly available through the International Centre…
…or legality clause contained in certain BITs, (ii) the ‘unclean hands’ doctrine, and (iii) international public policy. Addressing the legality clause, Sinclair distinguished between illegality in the ‘making’ of an…
In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by…
…(Bits) entered into between its member states (intra ECT Bits). The importance of the existence of the ECT side to side with the intra ECT investment treaties is twofold. First,…
