…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…(“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…
…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…
…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…
…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…
…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…
…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…
…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…
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…
…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…
