Tag Archives: Umbrella clause

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“).  If adopted, the Draft BIT may raise questions about the Kingdom’s attractiveness for foreign investors who have long taken advantage of Dutch treaty protections by structuring … Continue reading

Leave a Comment

Filed under EU, EU Law, Europe, International Human Rights, Investment Arbitration, ISDS, Public International Law

Breach of fair and equitable treatment standard (ICSID)

In Ioan Micula and others v Romania (ICSID Case No. ARB/05/20), an ICSID tribunal considered whether Romania was in breach of the Sweden-Romania bilateral investment treaty. The majority of an ICSID tribunal (Laurent Lévy and Stanimir Alexandrov) held that Romania breached … Continue reading

Leave a Comment

Filed under EU Law, Europe, Investment Arbitration