...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...
Search Results for : BITs
Author: Zizhi (Grace) Xu* Jurisdiction: European Union United States Topics: BITs Enforcement of Arbitral Awards Sovereign Immunity New York Convention ICSID Introduction The European Court of Justice’s (“ECJ”)...
How Achmea Works Out in the United States: The Enforcement ...
...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 ...
...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...
The New Generation Of China BITs In Light Of Tza ...
...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: 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...
Promoting Sustainable Development in BITs: The EU Experience – Vol. ...
...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
...territory.”[8] A similar definition is included in bilateral investment treaties (BITs) between the U.S. and its other trade partners, such as in the Free Trade Agreement (FTA) between the U.S....
Could foreign investors use BITs or FTAs to sue the ...
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...
State Succession and BITs: Challenges for Investment Arbitration – Vol. ...
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. ...
...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,...