...BITs can have no success. Those clauses only apply to unilateral termination of the BITs by either contracting party.[17] The mutual termination of the intra-EU BITs by the present Treaty...
Author: Ayush Kumar* Jurisdictions: International Topics: BITs Investment Disputes ICSID The Growing Energy Demand and Implications for Climate Change Global energy demand is projected to increase by 1.3% annually...
...in many arbitrations initiated pursuant to intra-EU BITs, taking the position that such BITs are contrary to European Union (“EU”) law. According to the Commission, intra-EU BITs are therefore void,...
...topics in recent years by international investment law scholars and practitioners. These disputes are initiated by investors on the basis of so-called “Intra-EU BITs,” i.e. Bilateral Investment Treaties (“BITs”), stipulated...
...The recently ratified Chinese BITs with the Netherlands, Finland, Germany, Bosnia Herzegovina, Trinidad and Tobago, and Guyana, inter alia, are emblematic of the new scenario. These new BITs have considerably...
Author: Ramon Vidal Puig* Published: December 2019 Jurisdiction: Europe Topics: BITs Description: I. INTRODUCTION The Treaty of Lisbon conferred upon the European Union (“EU”) exclusive competence with regard to foreign...
Author: Raúl Pereira Fleury* Published: May 2017 Jurisdiction: International Topics: BITs States as Parties Investment Disputes Challenge of Arbitrators Description: Introduction State succession has always been a complex and controversial...
...negotiations, the concluded treaties often were influenced by the model BITs of respective capital-exporting nations. Consequently, many BITs involving the region, particularly those with the same capital-exporting countries, shared similar...
...in the Kyrgyz Investments Law 2003 but also in the BITs Kyrgyzstan has signed and ratified. When it comes to dispute resolution provisions contained in its BITs, Kyrgyzstan has certain...
...“BITs Baby Boom” after the fall of communism, characterized by BITS with extensive, and sometimes burdensome, obligations. The arguments raised by Slovakia, primarily that the Slovakia-Netherlands BIT was incompatible with...
...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...
...of Trouble (Vol. 30(3) July 2020) Ramon Vidal Puig, Promoting Sustainable Development in BITs: The EU Experience (Vol. 30(1) December 2019) Michael Waibel, Fair and Equitable Treatment as Boilerplate (Vol....