bilaterals.org logo
bilaterals.org logo

investment | BITs


Mining companies dominate ISDS treaty-shopping claims from Australian companies
Australia, with its many Bilateral Investment Treaties and FTAs, contributes to a system of treaty shopping by mining companies looking to sue governments over unfavourable decisions.
Indo-Pacific guidelines: Germany’s new China plan
Berlin wants to diversify its relations, position itself more broadly, conclude further free trade agreements – also in order to no longer be so dependent on Beijing.
Australian government to review its Bilateral Investment Treaties
The Australian Federal Government has announced it is reviewing the bilateral investment treaties (BITs) to which Australia is a party.
Beijing, Tokyo should upgrade investment pact
In the context of warming ties between China and Japan, the two countries should launch negotiations on an upgraded bilateral investment agreement as soon as possible, as well as start negotiations for a China-Japan free trade agreement.
Zimbabwe is offering land back to BIPPAs and black farmers. Betrayal or the law? Here are the facts
There are only two types of farmers that can be compensated for both land and improvements on farms. On of them is farmers whose land was protected by Bilateral Investment Protection and Promotion Agreements.
Why China’s diplomatic push may not be enough to secure EU investment deal
Despite a recent charm offensive by senior Chinese diplomats, the chances of wrapping up a landmark investment deal with the European Union remain uncertain, analysts said.
Investor-state disputes arising from COVID-19: balancing public health and corporate wealth
In response to the COVID-19 pandemic, governments globally are engaging in a difficult balancing act of protecting public health, mitigating economic damage and avoiding interference with private rights.
BITs and bonds: The international law and economics of sovereign debt
Recent jurisdictional decisions suggest that sovereign debt will be subject to bilateral investment treaties for the foreseeable future.
Global firms expected to sue UK for coronavirus losses
Governments around the world – including the UK – face a wave of lawsuits from foreign companies who complain that their profits have been hit by the pandemic.
The Covid-19 pandemic and liability under investment treaties
COVID-19 can increase liability for countries under international investment treaties. Developing countries face imminent challenges under such treaties.
Nigeria begins reforms of international investment agreements
Nigeria is undertaking series of reforms of the country’s bilateral investment treaties to attract responsible, inclusive, balanced and sustainable investments.
PNG-Aust sign strategic economic partnership
The governments of Papua New Guinea and Australia signed the Papua New Guinea-Australia comprehensive strategic and economic partnership (CSEP).
Zimbabwe to pay white farmers $3.5 billion over Mugabe land reforms
Some of the dispossessed farmers were from countries such as Germany, Netherlands and Switzerland whose properties were protected by investment treaties between Harare and the Western countries.
What Kenya is seeking in free trade deal talks with America
Kenya’s need to export value-added agricultural products dominated the first round of talks with America after its formal launch on Wednesday last week.
India-EU Summit slated for 15 July after over two-year break, to be held virtually
Bilateral trade and investment ties between India and the EU have become severely strained with the Modi government’s initial refusal to resume stalled negotiations on the proposed India-EU free trade agreement .
The risk of investor-state disputes in Asean in the aftermath of Covid-19
The current pandemic, and the treaty claims which are likely to stem from it, are a reminder of the importance for ASEAN to be engaged in ongoing discussions at the United Nations of possible reform of the system of investment treaty arbitration.
Revisiting BITs in the wake of Covid-19
Amidst the global risk of ISDS claims, it is incumbent to shed light on Bangladesh’s BIT structure and its feasibility to confront ISDS claims in the backdrop of Covid-19 regulatory space.
Chinese investments enjoy treaty protection. Beijing can drag New Delhi to tribunals
India has a Bilateral Investment Treaty with China since 2007. The treaty provides foreign investors the right to fair and equitable treatment.
Morocco’s new model BIT: Innovative features and policy considerations
In the face of the increasing number of claims brought by investors against host states on the basis of BITs and the exorbitant amounts awarded to investors, Morocco has undertaken a review of its model BIT using a flexible and rational approach.
S. Korea, Russia hold 5th round of FTA talks on service, investment
South Korea and Russia started another round of negotiations to clinch a free trade agreement (FTA) in the service and investment sectors.