Public International Law Notes
Tag: bit
Showing 12 out of 12 results
China and Venezuela enter into new Bilateral Investment Treaty
Venezuela has recently published a new BIT with China, underscoring their strategic partnership. Following BITs with other states, this signals …
The European Commission's Non-Paper on Model Clauses for Member States' BITs with Third Countries
In October last year, the European Commission released a Non-Paper on Model Clauses with Annotations for EU Member States' negotiation of bilateral …
Colombia and Venezuela agree a new Bilateral Investment Treaty, Venezuela's first since withdrawing from the ICSID Convention
On February 23, 2019, Venezuela broke diplomatic relations with Colombia and gave Colombian diplomats twenty-four hours to leave the country. Four years …
ICSID Releases Latest Caseload Statistics for FY2022
ICSID Tribunal declines jurisdiction due to claimants' failure to obtain environmental impact assessment in breach of local law
In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining …
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 …
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 …
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 …
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 …
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 …
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 …
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 …