Tag Archives: BIT

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine.  Ukraine argued that it was immune from the Court’s jurisdiction by … Continue reading

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Filed under Abuse of process, Arbitration Proceedings, Award, Enforcement, Europe, Immunity, Investment Arbitration, ISDS, MFN, Oil & Gas, Privileges and immunities, Sovereign Immunity/State Immunity, Ukraine

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

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Filed under Europe, Investment Arbitration, ISDS, ISDS Reform, MFN, Public International Law, Structuring Investments, Treaty negotiation, interpretation and impact

Is the recently signed Morocco-Nigeria BIT a step towards a more balanced form of intra-African investor protection?

On 3 December 2016, Morocco and Nigeria signed a new bilateral investment treaty (the "BIT"), with the overarching aim of strengthening "the bonds of friendship and cooperation" between the two States.  The BIT (available here) is yet to be ratified … Continue reading

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Filed under Africa, Environment, Investment Arbitration, ISDS, ISDS Reform, News, State Contracts, Stabilization Clauses and Disputes

Arbitration and intra-EU BITs – German Bundesgerichtshof weighs in on the discussion

In its decision of 3 March 2016 (I ZB 2/15), published on 11 May 2016, the German Federal Court of Justice ("BGH") announced that it would request the Court of Justice of the European Union ("CJEU") to make a preliminary … Continue reading

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Filed under EU Law, Investment Arbitration

ICSID tribunal declines jurisdiction on basis of lack of evidence of necessary “control” under BIT and requires claimant to pay 80% of costs of the state

In the ICSID decision of Guardian Fiduciary Trust Ltd f/k/a Capital Conservator Savings & Loan Ltd v Former Yugoslav Republic of Macedonia (ICSID Case No. ARB/12/31) issued on 22 September 2015, the Tribunal declined jurisdiction on the basis that the … Continue reading

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Filed under Award

The European Commission prohibits Romania from compliance with an ICSID Award: implications for the enforcement of intra-EU investment treaty awards?

In a press release issued yesterday, the European Commission announced that it has ordered Romania to recover compensation paid pursuant to an ICSID award, concluding that the grant of such compensation is incompatible with EU State Aid rules. This latest … Continue reading

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Filed under EU Law, Investment Arbitration

The future of investor-state arbitration

We live in interesting times for investment arbitration. There is wider public engagement with investment protection than there has ever been, prompted by the European Commission’s public consultation on the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU … Continue reading

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