...However, many a time, these actions of the state and the courts have amounted to the expropriation of the rights granted to investors under Bilateral Investment Treaties (BITs). These BITs...
Search Results for : BITs
...treaties (“BITs”), discrimination between national and foreign companies, infringement of investors’ property rights, and, perhaps most significantly, a fundamental alteration to the existing investor-friendly environment.[1] In response, states may invoke...
Necessity in Investment Arbitration: Boosting the ICSID System’s Legitimacy
...at take-off.” The questions we asked could be summarized as follows: • Why BITs? • Is the content of BITs balanced? • Have BITs delivered for both investors as well...
Introduction: Protecting and Adjudicating Investment—Transcending the Obvious – Vol. 30 ...
...and security; and umbrella clauses. Along with these standards, these BITs are comparable in terms of the similar substantive and procedural rights they guarantee. For instance, many of Nigeria’s BITs...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
...Debate, Law360 (May 29, 2018, 6:51 PM), https://www.law360.com/articles/1048107/spain-tees-up-energy-charter-treaty-arbitration-debate. [4] Tom Jones, EU Countries to Cancel BITs Post-Achmea, Global Arbitration Review (Jan. 17, 2019), https://globalarbitrationreview.com/article/1179337/eu-countries-to-cancel-bits-post-achmea. [5] Id. [6] Set-aside proceeding in...
The Post-Achmea EU: Uncertainty in the Face of Change
...rules. These ad hoc rules are those sometimes found in BITs that delve into the appointing procedure of the tribunal and at times either outline a default procedure for the...
A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...
Author: Nicole O’Donnell** Published: March 2019 Jurisdiction: International Topics: Sources of Arbitration Law BITs Categories of Disputes Investment Disputes Description: This article examines the nature and scope of the full...
Reconciling Full Protection and Security Guarantees in Bilateral Investment Treaties ...
Author: Koichi Miki** Published: August 2009 Jurisdiction: Japan Topics: Investment Disputes BITs Description: I. JAPAN’S POLICY REGARDING THE PROMOTION OF INVESTMENT TREATIES Investment treaties, whether they are bilateral investment treaties...
Investment Treaties and Investor-State Arbitration: The Japanese Perspective* – Vol. ...
Authors: Manuel A. Abdala* and Pablo T. Spiller** Published: December 2004 Jurisdiction: International Topics: Investment Disputes Costs and Damages BITs Description: During the 1990s, several emerging countries signed BITs (Bilateral...
Damage Valuation of Indirect Expropriation in Public Services – Vol. ...
...entered into with regard to investments of investors of the other Contracting Party.”[22] As discussed, the Romania-U.S. BIT has a similar umbrella clause. And Saudi Arabia’s BITs with Germany, Switzerland,...
Empirics-Based Umbrella Clause Interpretation
...departure from India’s erstwhile BITs and contains a number of procedural and substantive safeguards in favour of the host State. Since July 2016, India has actively terminated its BITs and...
Prabhash Ranjan, India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash ...
...is appropriate for ESG disputes. Most binding ESG provisions oblige states and foreign investors in the ISDS system. This is because a new generation of bilateral investment treaties (“BITs”) has...