Tag Archives: Bilateral Investment Treaty (BIT)

“Planes, paintings and Russian space assets” – Practicalities, challenges, successes and failures in the enforcement of arbitral awards against states and state entities

Wednesday 6 July 2016, 12.45 – 1.45pm BST States are increasingly involved in disputes arising from commercial transactions and arbitrations with investors under various bilateral and multilateral investment treaties.  Resolving a dispute with a state is only the first step – … Continue reading

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Filed under Award, Enforcement, Video

Video post in “Observations on Arbitration” series: “Introduction to Investment Arbitration”

In this video post in the "Observations on Arbitration" series, Christian Leathley provides an Introduction to Investment Arbitration, discussing the ways in which an investment arbitration can arise, explaining what bilateral investment treaties (BITs) are and outlining the nature of … Continue reading

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Filed under Investment Arbitration, Video

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

Investment protection and ISDS in the TTIP: the discussion continues with more consultation around the corner

Yesterday afternoon, the EU Commission issued its Report on the outcome of the public consultation on the inclusion of investment protection and investor-state-dispute-settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) being negotiated between the EU and the US. … Continue reading

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Filed under Americas, Europe, Investment Arbitration, ISDS Reform, News, Trade law, Treaty negotiation, interpretation and impact

Potential risks to investors highlighted by two ICSID tribunals declining to recommend provisional protection against criminal investigations

Investors in some states face a real risk of reprisals after commencing investment claims. Reprisals may range from entirely legitimate (albeit unusually forceful) investigation of serious wrongdoing, which is the prerogative of a sovereign state, to the abuse of power … Continue reading

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Filed under Investment Arbitration, Provisional measures

Inaugural conference of the European Federation for Investment Law and Arbitration: 23 January 2015

The European Federation for Investment Law and Arbitration (EFILA) will be holding its inaugural conference on 23 January 2015 at the Senate House in London. The topic of the conference is “EU law and investment treaty law: convergence, conflict or … Continue reading

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Filed under EU Law, Investment Arbitration, Treaty negotiation, interpretation and impact

A sardine cannot swallow a whale: ICSID tribunal declines jurisdiction under the Egypt-UAE BIT

In an Award on Jurisdiction rendered earlier this year in National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7), an ICSID tribunal declined jurisdiction to hear a claim brought against Egypt under the Egypt-UAE BIT by an … Continue reading

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Filed under Investment Arbitration, Middle East, Nationality

UN General Assembly formally adopts Convention on Transparency in Treaty-based Investor State Arbitration

The UN General Assembly formally adopted the Convention on Transparency in Treaty-based Investor-State Arbitration (the Transparency Convention) on 10 December 2014. The Transparency Convention makes it easier for States to apply the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration … Continue reading

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Filed under Investment Arbitration, News, Treaty negotiation, interpretation and impact

European Commission requests European Court of Justice Opinion on competence to enter into EU-Singapore FTA

On 30 October the European Commission issued a press release announcing its intention to seek an opinion from the European Court of Justice as to the interpretation of the Lisbon Treaty in the context of the EU-Singapore Free Trade Agreement. … Continue reading

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Filed under Asia, EU Law, Europe, Investment Arbitration, South East Asia

Iran wins its first investor-state case

The Islamic Republic of Iran has won its first ever investor-state arbitration in a decision against Turkish mobile phone company, Turkcell. The tribunal concluded that Turkcell was not a qualified investor under the Iran-Turkey bilateral investment treaty (BIT) given that … Continue reading

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Filed under Investment Arbitration, Middle East