…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….
…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…
