…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….
…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…
…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….
…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…
…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,…
…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…
…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,…
…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…
…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…
…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…
…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…
…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…
…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…
