The authors view that the number of investment treaty dispute may rise gradually due to the active investment environment and the fact that
more bilateral investment treaties are concluded between states.
Representing the Bolivarian Republic of Venezuela in an ICSID proceeding brought by European subsidiaries of an Argentine group
under bilateral investment treaties with Luxembourg and Portugal in connection with the alleged expropriation of their Venezuelan subsidiary involved in the steel industry.
One of the major criticisms of the Canada - China Foreign Investment Promotion and Protection Agreement, and
of bilateral investment treaties in general, is their use of ISDS.
Affected parties may be able to seek relief under applicable
bilateral investment treaties with India depending on the residence of the affected parties and the language of the relevant treaties.
Perhaps the best examples of this section of the market come from the world of
in bilateral investment treaty arbitration where claimants are almost invariably «Davids» because «Goliath» (the respondent state) has expropriated their assets.
Represents the Republic of Ecuador in an UNCITRAL Rules arbitration under the Ecuador - United
States bilateral investment treaty with respect to claims by a foreign oil producer challenging an Ecuadorian law establishing State participation in windfall oil profits resulting from an unforeseen rise in prices.
Represented the Republic of Uruguay before the International Centre for the Settlement of Investment Disputes in defense of claims brought by Philip Morris International under the Uruguay - Switzerland
bilateral investment treaty concerning Uruguay's tobacco control regulations.
In a judgment on 1 March, Judge Richard Leon in the US District Court for the District of Columbia confirmed the award, which Vancouver - based Rusoro obtained in 2016 in a claim under the Canada -
Venezuela bilateral investment treaty financed by Calunius.
It will explore the WTO's interaction with different sources of international law, including regional trade agreements like the Transpacific Partnership Agreement (TPP), the North American Free Trade Agreement (NAFTA), as well
as Bilateral Investment Treaties and analyze relevant U.S. constitutional and statutory provisions concerning domestic and foreign trade.
Advised a mining and mineral exploration company on compensation arising from expropriation under
applicable bilateral investment treaties where the potential target of the expropriation is owned by a subsidiary in a third country.
In the middle of the twentieth century, countries in need of investment by citizens of other countries, and countries whose citizens had resources to invest and a willingness to invest in foreign enterprises,
devised bilateral investment treaties (BITs) or traités bilatéraux d'investissement (TBIs) to protect the rights of foreign investors on terms the enterprises in need of investment could accept.
Against that background, the Tribunal observes that there is a growing body of arbitral law, particularly in the context of ICSID arbitrations, which holds that the principle of proportionality is applicable to potential breaches of
bilateral investment treaty obligations (see paras. 402 - 404).
An investor - State tribunal, chaired by Neil Kaplan QC, has ruled that it has no jurisdiction to hear Turkcell's claims against the Islamic Republic of Iran under the Turkey -
Iran bilateral investment treaty.
This decision has wide ramifications for investors in Macau and Hong Kong, who may now rely on this favourable decision and enjoy protections accorded under the 130
other bilateral investment treaties to which China is a party.
Christiane's professional career includes in excess of 7 years» post-qualification experience in international arbitration,
including bilateral investment treaty arbitration, cross border litigation and large scale investigations.
A stand - out disputes case this year for the firm is the USD10 billion arbitration between Chevron and Ecuador in which King & Spalding successfully represented Chevron, who claimed the government of Ecuador was guilty of breaches of the US -
Ecuador bilateral investment treaty.
Matt has argued before multiple state and federal courts in the U.S., and has been directly involved in a number of trials, arbitrations, and appeals, including major
ICSID bilateral investment treaty arbitrations and ICC arbitrations; a notable trial victory before the Court of Chancery of the State of Delaware; and proceedings before the High Court of Australia.
The case concerned a preliminary reference by a German court (the Federal Court of Justice, or Bundesgerichtshof) regarding the validity of an award rendered by an ISDS tribunal under the Dutch -
Slovak bilateral investment treaty (BIT).
The lawyers successfully convinced a five - judge bench that the China -
Laos bilateral investment treaty did apply to Macau, a Special Administrative Region in China, overturning a High Court decision.
Al Jazeerahas accused Egypt of breaching its obligations under the Qatar -
Egypt bilateral investment treaty, which «requires that investors be afforded fair and equitable treatment by the governments of both countries».
Indeed, many Member States have been
adopting bilateral investment treaties («BITs») since the 1960s with third countries and with other Member States and their interaction with EU law is not quite as settled.
Acting for Ukraine in UNCITRAL arbitration proceedings in relation to claims of $ 180m by a London Stock Exchange - listed oil and gas company brought under the UK -
Ukraine bilateral investment treaty, alleging unlawful imposition of tax measures.
He represented The Sudan People's Liberation Movement / Army in the historic Abyei arbitration (more information on Abyei arbitration), Eritrea in an ad hoc arbitration against Yemen, private parties in controversies under
various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law.
Defending a Latin American country in an ICSID arbitration brought by European subsidiaries of an Argentine conglomerate under Luxembourgian and
Portuguese bilateral investment treaties, related to the steel industry (Tenaris II).
Webber Wentzel acts for Belgian and Italian investors in the pioneering ICSID case which concerns breaches by the South African government of
bilateral investment treaty standards of expropriation, fair and equitable treatment, and national treatment.
He acts as counsel, representing investors and states in a large number of disputes under
bilateral investment treaties across a variety of sectors, including hydrocarbons, banking and financial services, water, electricity, telecommunications, food distribution, mining and steel industries.
The decision establishes jurisdiction over claims for compensation in excess of US$ 1 billion brought by the Italian bondholders under the Argentina -
Italy bilateral investment treaty in connection with Argentina's issuance of sovereign bonds and sovereign debt restructuring.
Bilateral investment treaties also offer important protections, shielding companies from unfair treatment by governments and ensuring that the legitimate expectations that underpinned investments are upheld.
Represented the Republic of Ecuador in an arbitration under the State - to - State dispute resolution provisions of the Ecuador —
U.S. bilateral investment treaty concerning the proper interpretation and application of the treaty.
Patentees should pay particular attention to structuring their activities in India so as to benefit from the protections afforded by
numerous bilateral investment treaties that India has entered into.