Structuring Investments

Head of India Arbitration Practice, Nick Peacock, comments on India’s draft Model BIT 2015 for CNBC TV18’s “The Firm”

As reported in our recent blog post here, India has recently released a draft  “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“).  Head of the India Arbitration Practice, Nick Peacock was invited to comment on the Model BIT … Continue reading

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Filed under India, Investment Arbitration, ISDS Reform, News, Structuring Investments

“Company vs Country”: BBC documentary on investor-state dispute settlement on BBC Radio 4 tonight

After decades of governments concluding international investment agreements, reservations concerning free trade agreements (such as the TTIP, between the US and the EU) have led to unprecedented levels of public debate, focussing largely on the proposed inclusion of investor-state dispute … Continue reading

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Filed under Investment Arbitration, ISDS Reform, News, Structuring Investments, Treaty negotiation, interpretation and impact

Investor’s claims against Peru thrown out due to abusive corporate restructuring to acquire treaty rights

In an award rendered on 9 January 2015, an ICSID tribunal (Gabrielle Kaufmann-Kohler (presiding), Eduardo Zuleta, and Raúl Vinuesa), determined that one of the Claimants had acquired shares in a Peruvian company only for the purpose of obtaining treaty rights, … Continue reading

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Filed under Abuse of process, Investment Arbitration, Structuring Investments