…well-established prohibition of denial of justice, which numerous tribunals have considered to be an essential component of the ‘fair and equitable treatment’ provision in BITs. Saipem, however, faced a potential…
…BITs are very general in their wording and leave considerable scope to argue competing interpretations. In particular, most BITs are silent on whether MFN “treatment” includes only substantive rules for…
…re-submitting the Claimant’s BIT claims to this Tribunal”. When negotiating its BITs it is usually in the State’s interest to push for a relatively long notice period prior to a…
On March 15, 2011 the Advocate General (“AG”) issued its opinion on an interesting matter which considers the relationship between EU law, a contract preceding the Republic of Slovakia’s accession…
…purchaser justified in calling this “material”? If a set of consolidated financial statements fails to eliminate the impact of intra-group trading, is the impact “material”? Whilst there is no standard…
…noted that in light of the clear language in other contemporaneous BITs providing advance consent to arbitration, no intention to consent to arbitrate could be derived from the “ambiguous text”…
…(NB: not intra-EU BITs which the Commission considers to be superseded by EU law, see Christophe von Krause’s entry) under the condition of notifying them to the Commission. While the…
…treaties (BITs) as an independent nation. In 2010, the first BIT was completed with Belgium and Luxembourg. Other treaties, such as the Austria – Kosovo BIT, are currently in the…
…has an arbitration provision. Investment arbitration is now a prominent feature of the arbitration landscape. Just as BITs have proliferated in recent years, so too have free trade agreements. There…
…compensation for takings to find a rational explanation for the proliferation of BITs. Of course, the larger question of whether BITs reflect or create custom remains controversial. BITs standing alone…
…agreements.” The Commission therefore considered that intra-EU BITs should be rescinded because they were superseded by EU law (notwithstanding the fact that EU law does not confer access to arbitration…
In a recent post, Lisa Bench Nieuwveld raised an issue which has been discussed from time to time on this blog: the potential for not-for-profit activities to be protected under…
…be an extremely sensitive arbitration. Already, a number of NGOs and activist groups have drawn attention to the dispute, and raised concerns about the potential for BITs (and their intellectual…
…three options are incorporated in virtually all U.S. BITs or investment chapters.) Moreover, the current list of over 2,600 BITs continues to expand. (ICSID Database of Bilateral Investment Treaties, https://icsid.worldbank.org/ICSID/FrontServlet)….
…having signed seventy-nine, Morocco seventy-three, Oman seventy-one, Lebanon forty-nine, Jordan thirty-five, etc. These BITs are unusually significant in that they depoliticize disputes by guaranteeing foreign investors the right to pursue…
…to existing BITs now that the competence to such treaties has – at least in part – been elevated to the EU level? Concededly, until the EU signs treaties of…
I recently gave a talk at a Sydney Law School conference about the unexplored relationship between bilateral investment treaties and freedom of expression. In a longer paper on BITs and…
…(BITs). As explained below, however, they may prove less effective in securing the readjustment of substantive disciplines established by investment chapters housed in free trade agreements. Consequently, one must also…
…standards under the China/Peru BIT (the BIT). Like other early Chinese BITs, the BIT’s investor-state arbitration provision limited tribunal jurisdiction to disputes “involving the amount of compensation for expropriation”. Art….
…means of neutralizing the calls of developing states for a “New International Economic Order,” bilateral investment treaties (BITs) and other international investment agreements (IIAs) serve two principal functions. First, they…
…these BITs represent the “new” customary international law in this field. It has been recently argued that the content of both custom and BITs is now simply just the same….
…BITs (representing 26% of the total number of BITs in 2008 according to UNCTAD, Recent Developments in International Investment Agreements (2007-June 2008) is therefore not significantly different from those other…
…treaties and their other international law obligations, and the relationship of EU Member States’ obligations under BITs and their obligations under the EC Treaty. (The latter issue has, of course,…
…and the Czech Republic, the new EU members laboured for half a decade to revise their existing treaties with Canada, so as to accommodate certain concerns of the European Commission,…
