Tag Archives: Bilateral Investment Treaty (BIT)

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

New regulation sets out financial responsibility for investor-state disputes between the European Union and third countries

Today (17 September 2014) a new European Regulation enters into force (EU No 912/2014) with wide-ranging implications for the global investment community. The Regulation allocates financial responsibility going forward, for claims brought by non-EU investors for harm done to their … Continue reading

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

No jurisdiction over BIT claims if investor fails to state a prima facie case

In Achmea BV v The Slovak Republic (PCA Case No. 2013-12), the tribunal considered the respondent’s objection that it lacked jurisdiction on the ground that the claimant had failed to establish a prima facie cause of action under the Netherlands … Continue reading

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Filed under Europe, Investment Arbitration

Egypt prevails on “fork-in-the-road” provision

In an unpublished ICSID decision last month (the Decision), reported in Global Arbitration Review and Investment Arbitration Reporter, the Arab Republic of Egypt (Egypt) successfully knocked out the majority of claims brought by California-based H&H Enterprises Investments (H&H) by way … Continue reading

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Filed under Investment Arbitration

Europe consults on investment protection and ISDS in the TTIP

The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) provisions in the Transatlantic Trade and Investment Partnership (the TTIP).  The TTIP is a free trade agreement currently in negotiation … Continue reading

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Filed under Americas, EU Law, Europe, Investment Arbitration, Trade/WTO, Treaty negotiation, interpretation and impact

A BIT more Indian investment arbitration

As the dust settles on a momentous General Election in India, many will also have noted a number of multinationals having commenced, or taken steps towards, arbitration claims against the Government of India under Bilateral Investment Treaties (BITs) in the … Continue reading

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Filed under Asia, India, Investment Arbitration

Tanzanian Courts Injunct ICSID Proceedings

On 23 April 2014, the Tanzanian High Court ordered both parties in on-going ICSID arbitration proceedings, Standard Chartered Bank (Hong Kong) Limited (SCB HK) and the Tanzania Electric Supply Company (Tanesco), to refrain from “enforcing, complying with or operationalising” a … Continue reading

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Filed under Investment Arbitration