...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...
Search Results for : BITs
...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...
The Perils of Intra-Corporate Arbitration for ESG Disputes
Author: Aditya Sengupta* Jurisdiction: International Topics: BITs Standard and Model Arbitration Clauses NAFTA ICSID International and Transnational Law As global bodies mitigate the impact of the novel coronavirus, international financial...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
Author: Utkarsh Khandelwal* Jurisdiction: India China Topics: Investment Disputes BITs Relief and Remedies in General INTRODUCTION Amidst the growing border tensions between India and China, the Indian government on 29...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...of several provisions in China’s BITs, Section III questions the validity of such claim of liberalization and argues that safety valves are embedded in both old-generation and new-generation BITs to...
International Investment Law with Chinese Characteristics: Zooming in on China’s ...
Authors: Atisha Sisodiya* and Smriti Shandil** Jurisdiction: India China Topics: BITs Intellectual Property Investment Disputes National Legislation I. INTRODUCTION In response to geopolitical tensions between India and China, the Indian...
India’s ban on Chinese apps: Could India face the fire ...
Authors: Ana Sofia Monteiro Signorelli*, Carolina da Fonte**, Gustavo Favero Vaughn*** Topics: Investment Disputes BITs Corruption Corruption is today one of the greatest challenges facing international commerce and has serious...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...been actively involved in international trade transactions with private parties. Simultaneously, there has been a remarkable growth in the number of Bilateral Investment Treaties (“BITs”) in the past few years...
International Commercial Arbitration Involving a State Party and the Defense ...
Author: Andreas F. Lowenfeld* Published: December 2003 Topics: Arbitrators and Arbitral Tribunals Categories of Disputes Commercial Disputes ICSID UNCITRAL BITs Description: As the opening speaker in this symposium, I see...
International Arbitration: Scapegoat or Solution – Vol. 13 No. 1-4
Author: Hans Smit** Published: March 2007 Jurisdiction: International Topics: Categories of Disputes Investment Disputes ICSID BITs Description: The rapidly increasing volume of arbitration under bilateral investment treaties (“BITs”) is producing...
The Forum Selection Clause in Arbitration Under a Bilateral Investment ...
...in the EU, in The Future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment Court 9–22 (Ana Stanič & Crina Baltag...
Lights Out for the Energy Charter Treaty? The ECJ’s Next ...
...directly out of an investment, and that the investment can be direct or indirect.[3] Certain bilateral investment treaties (“BITs”) have already incorporated some forms of indirect investment into the definition...