…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….
…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…
