…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…
…decision did not directly repudiate the years of fairly consistent rulings by ICSID and UNCITRAL tribunals with respect to the 18-month local court requirement under similar Argentine BITs. That is…
…award; (2) asserted, in intra-governmental correspondence, that the Ministry of Economy and Finance had an obligation to satisfy the award; and (3) initiated proceedings to set aside the award in…
…mouse caught in it, bilateral investment protection treaties (BITs) provide arguably the only tools “to open the mousetrap” in the context of an investor-state dispute. This post aims succinctly to…
…International Arbitration: Understanding (and Misunderstanding) “Primary Jurisdiction,” 21 Amer. Rev. of Int’l Arb. 47 (2010); the relevant bits are at pp. 168-173.). As it stands, the case is a trap…
…time the United Nations General Assembly decided to suspend the payment of Argentina’s membership. Although Argentina had entered into numerous Bilateral International Treaties (BITs) in previous decades, when responding to…
…like most developing countries, have always considered FDI to be an important part of their development strategy, and international investment agreements, mostly bilateral investment treaties (BITs) with a developed country…
…investments, without however further defining the concept of investment and leaving this task to the parties through relevant instruments such as BITs … Thus, where the BIT covers investments, such…
…with the same or a similar litigation requirement in other BITs, or indeed the Argentina-Italy BIT. Most of these decisions – among them Impregilo v Argentina, which concerned the Argentina-Italy…
…or certain kinds of emergencies. They have even, in some cases, adopted the principal Salini criteria as substantive elements of their BITs. These exclusions and others collectively represent the U.K….
