…(or unless and until the sanctions regime is materially changed).” As to the EU sanctions program, Article 5(1)(a) of EU Council Regulation No 269/2014 only allows authorisations for the release…
…current international investment law, investors in the energy sector are equally protected whether fossil-fuel based or renewable-energy based. Indeed, the goal of Bilateral Investment Treaties (BITs) is to protect foreign…
…different in that there is generally no single body of laws that apply to all States, and BITs may differ greatly from one another. There is also no overarching supervisory…
…Indeed, Mr Quintard depicted the government’s approach to investor-State arbitration through the following 3 generations of BITs. In the early 1980s, the 1st generation of Chinese BITs showcased firm reluctance…
…the prohibition of double hatting under Art. 35.4. This is in line with other new-generation Model BITs including the Dutch Model BIT and Colombian Model BITs. Surprisingly, in contrast to…
…planted in this region too, for example with Venezuela, Ecuador and Bolivia’s denunciation of the ICSID Convention and some BITs, and Brazil still not adopting ISDS, none of this has…
…treaties (“BITs”). But there is one exception: in June 2021 a new BIT between Mexico and Hong Kong (“Hong Kong BIT”) came into force. In an official letter sent to…
…an analytically rigorous structure for debating the content of the FET – a debate that continues until today. Approach of a EU Member State (Croatia) and a Non-EU Country…
…such as environmental protection and human rights violations, should be addressed in the context of investment protection. These provisions are included in new generation BITs as a response to the…
…SWFs, are however notably common in BITs concluded by Kuwait, Qatar, Saudi Arabia and the UAE, with the Saudi-Czech BIT even making reference to the Saudi public financial institutions, funds…
…of the BIT’s signatories. Further, Claimant considered that the time-limit for commencing an arbitration could be interrupted through the submission of the notice of dispute as established in Article 10(2)…
…disdain of international law, including its obligations towards foreign investors under bilateral investment treaties (“BITs”). In this post we analyse whether terminating BITs with Russia would be a reasonable response…
…Disputes Like virtually all modern BITs, the treaty between Japan and Argentina provides for the settlement of intra-States disputes as well as investor-State disputes. It is however with regard to…
…Agreement for the Termination of all Intra-EU Bilateral Investment Treaties is one such example (see here and my take in Rivista di diritto internazionale privato e processuale, 4/2020, p. 843)….
…This post highlights the panel on ‘Investment Treaty Arbitration in the Digital Era: Using BITs to protect Cryptocurrency Investments?’ Cristen Bauer (U.S. Department of Commerce) moderated the panel consisting of…
In 2021, ICSID conducted an extensive survey of dispute resolution clauses in bilateral investment treaties (BITs), free trade agreements (FTAs) and other treaties (including model treaties). The data set comprised…
…to terminate intra-EU BITs, and (iii) the adoption of the Agreement to terminate the intra-EU BITs’ sunset clauses effective May 2020. In this legal and political context, in 2019, the…
…intra-EU BITs and that any such proceedings seated in Germany are therefore extremely unlikely to succeed. Procedural background The decision relates to an arbitration initiated in February 2020 under…
…review the applicable BIT’s, as most of them provide for longer sunset clauses and alternative dispute resolution forums such as UNCITRAL and ICSID Additional Facility. For instance, most BIT’s subscribed…
Arbitration of commercial disputes is a common practice in Turkey, especially for those with an international element. The same, however, cannot be said for corporate law disputes, i.e. intra-corporate claims…
…In essence, the Arbitral Tribunal found that 1) Venezuela’s consent to arbitration under the ICSID Additional Facility Rules (AF Rules) (in accordance with the relevant provisions of the applicable BITs)…
…prominent force in the global trade arena. The AfCFTA aims to boost intra-Africa trade and utilise trade as a tool for the broader growth and development of the continent. The…
…relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal was not bound to apply EU law to events occurring prior to…
…In PL Holdings, the Court found that an EU Member State is precluded from replacing an arbitration clause, included in an intra-EU international agreement, by concluding an ad hoc arbitration…
