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When managed investment funds are not "investors" for the purpose of seeking protection under BITs
30-Jun-2009 Clayton Utz
Some managed investment funds may not be able to seek protection under bilateral investment treaties when investing abroad, according to a recent award rendered in an investment treaty arbitration between a various Spanish investment funds and the Russian Federation (Renta 4 S.V.S.A v Russian Federation).
Argentine crisis arbitration awards pile up, but investors still wait for a payout
25-Jun-2009 Law.com
It’s time for the US Department of State to pressure Argentina to comply with its treaty obligations, some lawyers suggest.
Protecting foreign investment from political risk
24-Jun-2009 Stikeman Eliott LLP
In today’s risk averse environment investment protection agreements are also increasingly attractive to protect pension and mutual fund investments.
Human rights and BITs: Mapping the role of human rights law within investor-state arbitration
22-Jun-2009 Rights & Democracy
Investment treaties and free trade agreements offer few instructions as to how such agreements should be reconciled with human rights obligations of the state.
Goldcorp loses bid for $50 mln NAFTA compensation
11-Jun-2009 Reuters
A unit of Goldcorp has lost a bid to get $50 million in compensation after a US trade tribunal rejected claims the gold miner’s operations were hampered by environmental regulations
NGOs claim the Philippine-Japan free trade agreement is unconstitutional
10-Jun-2009 ITN
A petition lodged with the Philippine Supreme Court by non-governmental organizations (NGOs) argues that the investment chapter of the Japan-Philippines Economic Partnership Agreement (JPEPA) violates the Philippine constitution.
Casey, Lugar urge completion of accord to dismantle barriers to US businesses in Russia
14-May-2009 American Chronicle
US Senator Bob Casey, Chairman of the Senate Foreign Relations Subcommittee on Near Eastern and South and Central Asian Affairs, and Senate Foreign Relations Committee Ranking Member Dick Lugar sent a letter to Commerce Secretary Gary Locke calling for the finalizing of a bilateral investment treaty (BIT) with Russia to encourage US business deals and investments in Russia.
Do bilateral investment treaties lead to more foreign investment?
1-May-2009 ITN
The global network of over 2800 bilateral investment treaties has been built on the basis of promoting foreign direct investment, and yet, after a decade of research, whether in fact BITs lead to an increase in FDI flows is a matter of debate. ITN has posed a few questions to three academics for their views on the relationship between BITs, FDI flows and sustainable development.
Reflections on Pakistan’s investment-treaty program after 50 years: an interview with the former Attorney General of Pakistan, Makhdoom Ali Khan
19-Mar-2009
Pakistan inked the first ever bilateral investment treaty (BIT) with the government of West Germany 50 years ago, before going on to accumulate one of the largest portfolios of BITs held by a developing country: some 47 in total, 35 of which were signed in a flurry of activity between 1988 and 1999.
Majority oppose Chapter 11 of NAFTA
1-Mar-2009 Op-ed News
A recent binational poll commissioned by the Council of Canadians, found that the majority of Americans and Canadians oppose provisions found in Chapter 11 of NAFTA.
Human Rights and Bilateral Investment Treaties: Mapping the role of human rights law within investor-state arbitration
21-Feb-2009 Rights and Democracy
Profiles a series of lawsuits that have arisen between foreign investors and their host states — where state compliance with investment treaty obligations is in question and where human rights concerns have resulted from investment projects.
US trade policies limit 52 governments’ use of capital controls to fight financial crisis
13-Feb-2009 IPS
As the global economy descends further into crisis, a new report finds that U.S. trade and investment agreements with 52 countries have removed one tool that has proved effective in past crises: capital controls.
EU Member States reject the call to terminate intra-EU bilateral investment treaties
10-Feb-2009 ITN
The majority of European Union Member States want to maintain the network of bilateral investment treaties (BITs) that exist between themselves, despite concerns by the European Commission that these treaties have been superseded by European Community law, according to a memo by the EU’s Economic and Financial Committee (EFC).
The UK tight-lipped over dispute with an Indian investor
23-Jan-2009 ITN
The United Kingdom has formally declined to release a notice of arbitration delivered by an Indian citizen under the UK-India bilateral investment treaty, explaining that it would likely “prejudice relations between the United Kingdom and an international organisation; UNCITRAL.”
Tribunal rejects Ecuador’s jurisdictional objections in dispute with Chevron
6-Jan-2009 ITN
A tribunal has determined that it holds jurisdiction to hear a claim brought by Chevron Corporation against Ecuador for alleged violations of the Ecuador-United States bilateral investment treaty (BIT).