Bilateral Investment Treaties

News & Analysis as of

Structuring Foreign Investments: Who Qualifies As An "Investor" Under A Bilateral Investment Treaty?

The decision in Gold Reserve Inc v Bolivarian Republic of Venezuela [2016] EWHC 153 (Comm) interprets the public international law concept of “investor” and is particularly relevant to those seeking to structure foreign...more

Countries Close to Signing U.S.-China Bilateral Investment Treaty

After 24 rounds of negotiations, former Chinese Minister of Commerce Chen Deming announced on March 23, 2016, that the United States and China have resolved several key roadblocks and are close to signing a U.S.-China...more

Paris Energy Series No.10: The Paris Agreement on Climate Change: Beware the Shield?

Arbitral Implications for the Oil and Gas Sector - On 12 December 2015, the Paris Agreement (or the "Agreement") on climate change was signed by 195 States and the EU, provoking scenes of euphoria among the delegates...more

Investment in Iran After Implementation Day

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

The EU succeeds in establishing a permanent investment court in its trade treaties with Canada and Vietnam

The European Commission has recently successfully negotiated a new trade pact with Canada (referred to as the Comprehensive Economic and Trade Agreement or ‘CETA’) and one with Vietnam (the ‘EU-Vietnam FTA’) which...more

Polish Government considers termination of all the bilateral investment treaties – will this affect foreign investments in Poland?

The Polish Government’s announcement that it would consider terminating its bilateral investments treaties (BITs) with other countries has been the focus of a great deal of attention in the last few weeks....more

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more

Update On The Iraqi Dispute Resolution Landscape

Iraq’s accession to the ICSID Convention, as well as recent UK and US court decisions concerning the Kurdistan Regional Government’s entitlement to sovereign immunity represent potentially significant changes to the Iraqi...more

International Arbitration Newsletter: International Investment Courts: Are They Next in the Evolution of ISDS Arbitration?

The recent proliferation of bilateral investment treaties and free trade agreements involving Australia has brought with it the vexed issue of how best to resolve investment disputes between foreign investors and States. One...more

Investment in the Power Sector in Emerging Markets

Power generation financing comes with risks, but finding ways to mitigate these risks provides opportunities for rewards. As the world's energy dynamic is changing in response to powerful economic, security of supply,...more

Energy Newsletter - November 2015

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

Establishing the Application of The Foreign Sovereign Immunities Act’s Arbitration Exception

On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment of the United States District Court for the District of Columbia confirming...more

China Sets Schedule for Implementation of Negative List System for Market Access

China's State Council on October 19, 2015 published the Opinions on Implementing the Negative List System for Market Access (Opinions), specifying that China intends to implement a unified national negative list system for...more

The EU’s new trade and investment policy in a nutshell

A new template for future initiatives - On 14 October 2015, the European Commission revealed its long-awaited communication setting out an updated trade and investment policy for the EU, entitled “Trade for all: Towards...more

US China Trade War

The October blog post will be broken up into two parts. This October 15th post will comment on the TPP Agreement signed today and well as President Xi Jinping’s recent trip to the US and my impressions from Beijing, China...more

[Webinar] India Insights Series: Part 1 - Taking Stock of the Indo-US Partnership - October 21st, 9:00am EDT

The increasing convergence of economic and political interests of India and the US is evident in the growing proximity between the two countries. Return of the US to pre-recession growth levels is mirrored by India’s...more

Costs Awards – Who Pays?

The financial stakes in investment treaty arbitration are high. The growing complexity of investment treaty proceedings, coupled with the increasing sophistication of the parties, is pushing up average party costs, which now...more

Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules...more

Rules Of The (International) Road: Protect Your Overseas Business and Investments

A company that wishes to engage in cross-border trade or invest in or establish a business outside of the United States must consider several factors. First, as this article discusses, it must assess which country to invest...more

TTIP’s Impact on U.S. and EU Trade Relations

The United States and the European Union (EU) together represent 60 percent of global GDP, 33 percent of world trade in goods and 42 percent of world trade in services. Direct investment in each other’s economies totals more...more

ICSID Claim Against Austria Puts Bilateral Investment Treaties Under Spotlight

On 30 July 2015, the secretary general of the International Centre for Settlement of Investment Disputes (ICSID) registered a request to begin arbitration proceedings against the Republic of Austria. . The request was...more

How to protect investments in Indonesia despite the termination of its Bilateral Investment Treaties

Various nationalistic measures have been taken by states in Asia against foreign investors in recent times. Investment treaties provide investors with protection against such incursions and, if necessary, a means by which...more

"IRS Implements Final Changes to Advance Pricing Agreement Process"

On August 12, 2015, the IRS issued Rev. Proc. 2015-41, which sets out the procedures for pursuing advance pricing agreements (APAs). The new revenue procedure replaces Rev. Proc. 2006-9 and finalizes revenue procedures...more

UPDATE – Indonesia’s New Draft Oil & Gas Law

Indonesia has recently made public a full copy of its draft oil and gas law for review and parliamentary discussion. By way of update to our client alert of 21 April 2015, we can now review the further revised and full...more

EC's Infringement Proceedings for Intra-EU BITs Cause Uncertainty for Investors

On 18 June 2015, the European Commission initiated infringement proceedings against five member states of the European Union for intra-EU bilateral investment treaties' (BITs) incompatibility with Article 351 of the Treaty on...more

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