...often found in many Bilateral Investment Treaties (BITs)—may paradoxically lead to the opposite result. In certain situations, the FPS standard may compel the host country to accord legal protection to...
...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...
Author: Alberto Alvarez-Jiménez* Published: July 2007 Topics: Categories of Disputes Investment Disputes Sources of Arbitration Law BITs Description: (“BITs”) have recently dealt with the issue of ex post general regulations...
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...
...Examining New Approaches to the Interpretation of MFN Clauses in International Investment Agreements Jeremy R. Stewart Fair and Equitable Treatment as Boilerplate Michael Waibel Promoting Sustainable Development in BITs: The...
...payments owed by Bangladeshi state entities to Indian investors or suppliers of goods and services. Further, the 2017 JIN: a) excludes from the 2009 BIT’s protection ‘any law or measure...
...Significantly, the evidence does not show that the Philippines entered into BITs with other States as a matter of imposition by foreign powers on terms similar to those in contracts...
Author: Marc Morros Bo * Jurisdiction: European Union International Topics: Investment Disputes Applicable Law ECT BITs INTRODUCTION In Infrastructure Services Luxembourg S.À.R.L. and Energia Termosolar B.V. v. Kingdom of Spain,...
...case in the past. Many of the new States and East European countries have signed bilateral investment protection treaties (“BITs”) as well as other treaties addressing other aspects of foreign...
...Stuart M. Boyarsky The Arbitrability of Disputes Arising From Intra-EU BITs Giovanni Zarra Standard and Burden of Proof in International Commercial Arbitration: Is There a Bright Line Rule? Abhinav Bhushan...
...arbitration3 was largely unknown until fifteen years ago, the present number of publicly identified FDI arbitrations, in a context of more than 2800 bilateral investment treaties (“BITS”) and approximately 300...
Author: Gaëtan Verhoosel* Published: July 2020 Jurisdictions: Africa Europe International Topics: Investment Disputes BITs ICSID Enforcement of Arbitral Awards ECT Arbitral Process Description: It’s a good word, “uncanny,” and when...
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