investment | BITs
The Kyrgyz Republic currently faces investment claims in the proximity of 1 billion USD, arising out of investment dispute settlement cases.
On 18 July 2017 the Polish Council of Ministers submitted to the Parliament a draft proposal allowing the President to unilaterally terminate the Poland-Portugal BIT
Crucial to RCEP’s investment protection chapter is the highly controversial Investor-State Dispute Settlement mechanism, a system of privatised justice characterised by international arbitration tribunals outside of the reach of domestic legal systems, explains Cecilia Olivet of TNI
The Andhra Pradesh government will have to pay up $ 44.71 million in damages if it loses the case in the International Court of Arbitration (ICA) for cancellation of an agreement with UAE-based company Ras Al-Khaimah Investment Authority (RAKIA).
Experts said the upcoming dialogue will be a good chance for negotiation on a Bilateral Investment Treaty (BIT).
The ACFI model focuses on dispute prevention and bilateral governance, limiting arbitration to the State-to-State level.
The JIN includes the definition of investor and investment, exclusion of taxation measures, Fair and Equitable Treatment (FET), National Treatment (NT) and Most Favoured Nation (MFN) treatment, expropriation, essential security interests and settlement of disputes between an investor and a contracting party,
The European Union could drop investment from major free trade deals in an effort to ease ratification, Commission Vice President Jyrki Katainen.
The EU and Japan seemed to have scrapped the classic BIT/investor protection architecture as a model.
If Rwanda clings to BIT approach, its scope should be limited. Alternatively, it can embark on a more attractive investment climate in lieu of BITs.
Talks deadlocked on investor dispute settlement.
According to the investment agreement, the mainland commits to providing the most favored treatment to Hong Kong. The agreement on Ecotech specially emphasizes mainland’s support to Hong Kong in participating in the Belt and Road Initiative.
Brazil has never approved any BITs nor did it sign the ICSID Convention but it continued to receive significant amounts of foreign direct investment (FDI), consolidating its position as one of the world’s top recipients of FDI
The Energy Charter Secretariat is in expansion mode, wanting to gain access to energy resources in Africa and Asia for its current—mostly developed country—members, and extending a far-reaching (and outdated) investment protection system to investments in resource-rich countries.
A democratic decision to regulate a privatised essential service or to return it to public control could potentially trigger international investment arbitration if a country is bound by an international investment treaty.
International investment agreement (IIA) reform has made significant progress.
‘IIA, which has a pro-investor bias, aims to protect only capital and not labour,’ said Saurabh Garg, the Joint Secretary in Indian Finance Ministry’s Department of Economic Affairs.
European companies are hoping that a bilateral investment treaty between China and European Union can be concluded within 12 months.
One thing is clear: the European Commission did not obtain the full exclusive competence which it was hoping.
The withdrawal of Ecuador from these BITs responds to the final stage of a review process that started in 2008, and which had led to the establishment of a joint government-civil society audit commission.
