…equitable treatment” standards. By fabricating new obligations under these standards – obligations not contemplated when countries signed FTAs and BITs – tribunals are then issuing stunningly arbitrary awards. Tribunal-fabricated obligations…
…Treaties (BITs) is increasingly resulting in diverse, damaging and direct impacts on peoples’ day-to-day lives around the world. ISDR has enabled a stunning array of investor-state attacks on health, tobacco,…
…have BITs, and at the same time, we continue to receive investment from jurisdictions with which we have no BITs. In short, BITs are not decisive in attracting investment.” The…
…governments on alert that a long-overlooked clause found in some BITs – and importable into others by means of an MFN clause – could create liability when local courts and…
…clause? As recently as 2006, Yannaca-Small has estimated that about 40% of the then existing BITs contained umbrella clauses. (See Yannaca-Small, K., Interpretation of the Umbrella Clause in Investment Agreements,…
…under BITs. To this end, the award is a valuable addition to a growing number of ICSID awards applying the proportionality principle in the international investment context. The award is…
…BITs as long as certain conditions set forth by the Commission are met. Intra-EU BITs Intra-EU BITs are typically BITs that were entered into between Member States and third countries…
…may be hesitant to broaden the scope of the BITs by attributing the conduct of entities such as a university to a State. The issue of attribution is likely to…
…not be surprising considering other decisions which have dealt with the same or a similar litigation requirement in other BITs, or indeed the Argentina-Italy BIT. Most of these decisions –…
…conference that there are already a handful of BITs which provide the ICC as a dispute resolution option. It was also intriguing to hear some of the inside scoop from…
…BITs allow some possibility of using the ICC Rules, either by expressly providing that option or by allowing the parties to agree on an institution and rules beyond those specified…
…in intra-EU bilateral investment treaties do not conflict with EU law and that investors can therefore continue to bring claims against the host state on the basis of such provisions….
…resolve disputes with Venezuela. Of course, there is a school of thought which holds that the consent found in the relevant BITs lives on notwithstanding any ICSID withdrawal. But, if…
…intellectual property rights. The tobacco company contends that such expropriation is unlawful as it does not meet certain fundamental requirements under the BITs in question, including the failure to provide…
…with the authority to accept and consider amicus curiae submissions (Article 28(3)). These provisions have been included in subsequent U.S. BITs and recent investment chapters of FTAs, including for example…
…compares and contrasts the self-judging WTO security exception with non-self-judging emergency exceptions in various BITs. The focus of the Article is on the WTO security exception, one of the least…
…protection to the standard articulated in Glamis Gold. Moreover, they had asked the administration to bar application of other international agreements through the BIT’s most favored nation (MFN) clause, and…
…date. This relatively high figure can partly be explained by the fact that Egypt has also the most BITs in place of all African states and has attracted more foreign…
…16 putative investors has illustrated the potential utility of the oft-neglected state-to-state arbitration mechanism found in many BITs. Several aspects of the Repsol-Argentina controversy make it an intriguing candidate for…
…v. Uzbekistan has brought the issue outside of the ICSID context and concluded that, despite the broad definitions of ‘investment’ in Bilateral Investment Treaties (BITs), the term ‘investment’ has an…
…Department of Industrial Policy and Promotion’s (DIPP) recent pronouncement that India is likely to exclude investor-state arbitration clauses from its future BITs (including the BIT that it is negotiating with…
…status of Bilateral Investment Protection Treaties (BITS) within the Sri Lankan constitutional order. Article 157 of the Sri Lankan constitution states as follows: “Where Parliament by resolution passed by not…
…of the dispute resolution clauses to prevent undesired surprises. It was suggested that most tax-friendly countries have bad BITs, with the, until now at least, rarely known exception of the…
…an unfair and inequitable treatment under the said BITs? Such questions will be examined in upcoming blogs. For now, we open the floor for discussion and invite the readers to…
