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Bilateral Investment Treaty

The 2018 Draft Netherlands Model BIT – The Beginning of a New Era?

01/07/2018 by Aceris Law LLC

2018 Netherlands BIT

The year 2018 may be an important milestone in international investment arbitration concerning the Netherlands due to the 2018 Draft Netherlands Model BIT (the ‘Draft’) . The Draft contains several completely new provisions, absent in the 2004 version, and provides a narrow vision of other provisions in comparison to their 2004 predecessors. We will discuss the […]

Filed Under: Bilateral Investment Treaty, International Arbitration, Netherlands Arbitration

Vodafone versus India Investment Treaty Arbitration

04/06/2018 by Aceris Law LLC

Vodafone India Investment Treaty Arbitration

The Vodafone versus India investment treaty arbitratoin has its origins in 2007 when Vodafone acquired a majority stake in India’s Hutchison Essar[1]. It was a Cayman island transaction. Essentially, Vodafone used the tax haven to escape the jurisdiction of India’s tax authorities. Retroactive Taxation It was therefore unsurprising when, in 2012, the Indian Supreme Court […]

Filed Under: Bilateral Investment Treaty, India Arbitration, International Arbitration, Investment Arbitration

Arbitration Disputes in the Banking Sector: Sudden Changes of Legal Frameworks

01/06/2018 by Aceris Law LLC

Banking Sector Arbitration

A sudden change of the banking sector legal framework has provoked a tide of arbitrations against South-Eastern European States. Interventionist measures enacted by host States of investment have harmed the position of foreign banks on the local market. Consequently, banks have decided to initiate arbitral proceedings to protect their interests. Countries in South-Eastern Europe have […]

Filed Under: Bilateral Investment Treaty, International Arbitration, Investment Arbitration

MFN Clauses: Recent Developments in Investment Arbitration

25/05/2018 by Aceris Law LLC

MFN Investment Arbitration

The applicability of MFN clauses (“most-favoured nation” clauses) remains a controversial topic in investment arbitration. The Maffezini tribunal[1] was the first arbitral tribunal that interpreted the applicability of an MFN clause to allow the importation of a more favourable treaty provision in a published award. In this case, the MFN clause effectively removed the local litigation […]

Filed Under: Bilateral Investment Treaty, International Arbitration, Investment Arbitration

States as Claimants in Investment Arbitration

23/05/2018 by Aceris Law LLC

State Investment Arbitration

In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]

Filed Under: Bilateral Investment Treaty, ICSID Arbitration, Investment Arbitration

Bilateral Arbitration Treaties (BAT’s): An Update

06/05/2018 by Aceris Law LLC

Bilateral Arbitration Treaties

A recent proposal for a new form of international arbitration through bilateral arbitration treaties has yet to catch fire. Part of the reason may stem from user uncertainty. Bilateral Arbitration Treaties: The Idea Bilateral Arbitration Treaties have captured increasing interest since their initial proposal in 2012.[1] Modelled upon bilateral investment treaties (“BIT’s”), Bilateral Arbitration Treaties […]

Filed Under: Bilateral Investment Treaty, Cost-Efficient Arbitration, International Arbitration

Le principe de libre transfert dans l’arbitrage d’investissement

04/05/2018 by Aceris Law LLC

libre transfert arbitrage investissement

La clause de libre transfert figure généralement parmi les clauses protectrices des investissements des investisseurs étrangers prévues par les traités bilatéraux d’investissement (ci-après les « TBI »). Ce blog se focalisera tant sur le contenu de ce principe de protection que sur les restrictions légitimes pouvant y être apportées. Le contenu du principe de libre transfert Par […]

Filed Under: Bilateral Investment Treaty, International Arbitration, Investment Arbitration

Investor-State Dispute Settlement in Intra-EU BITs Is Incompatible with EU Law – Case C-284/16

10/03/2018 by Aceris Law LLC

Investor-State Dispute

On 6 March 2018, the Court of Justice of the European Union (“CJEU”) found that investor-State dispute settlement (“ISDS”) in intra-EU BIT’s is incompatible with EU law. The CJUE rendered the important Achmea judgment against the Opinion of the Advocate General Wathelet and found that: “Articles 267 and 344 TFEU must be interpreted as precluding a provision in an international agreement […]

Filed Under: Bilateral Investment Treaty, International Arbitration, Investment Arbitration

Aceris Publishes Guide on Arbitration in France and Paris (2018 Edition)

24/02/2018 by Aceris Law LLC

International Arbitration Expert

Aceris Law, a Getting the Deal Through National Expert, has recently published the 2018 guide for Arbitration in France, which is available below for consultation or download. The guide examines the most significant issues regarding arbitration in France, in relation to commercial and investment disputes with French elements. It describes investment arbitration issues (bilateral investment […]

Filed Under: Arbitration Rankings, Arbitrator Appointments, Arbitrators, Award on Costs, Bilateral Investment Treaty, France Arbitration, ICC Arbitration, ICC Arbitrator, International Arbitration, William Kirtley

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