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International Investment Law and Arbitration Nikos Lavranos, Ruth Kok, et al. (eds.), Hague Yearbook of International Law . Copyright Koninklijke Brill NV. ISBN . pp. - . Member States’ Bilateral Investment Treaties (BITs): Lost in Transition? Nikos Lavranos* Abstract This article analyses

In: Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 24 (2011)
In: Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 24 (2011)

1 Introduction Fair and equitable treatment ( FET ) is one of the general principles included in bilateral investment treaties ( BIT s), and it is as important as the expropriation clause. Recent investment tribunal practice has shown that FET is one of the most frequently invoked

In: Arab Law Quarterly
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), which established the International Centre for Settlement of Investment Disputes ( ICSID ). 6 Between 1968 and 2011 Indonesia signed 67 bilateral investment treaties ( BIT s). 7 In 1987, Indonesia signed the first Association of Southeast Asian Nations ( ASEAN ) multilateral investment agreement with

In: The Journal of World Investment & Trade

of WTO dispute settlement; and Asian states are becoming a leader in bilateral investment treaties ( BIT s) facilitating and protecting foreign investment even if the host state is not party to the ICSID Convention. 4 In addition, looking towards the future, Chesterman contends that the ongoing

In: The Journal of World Investment & Trade

Abstract

Seen from a historical standpoint, the emergence of bilateral investment treaties (BITs) and investor-State arbitration can essentially be understood and described as a reaction to the procedural uncertainties of diplomatic protection in customary international law and the uncertainties of its material standards. The author's thesis regarding the role of the home State is however that the elevation of the investor and the possibility of an investor-State arbitral procedure on the basis of BITs not only juridifies, denationalizes, and depoliticizes investment disputes, it can also result in the enhancement of diplomatic protection, particularly leading up to a potential court case. In summary, it is fair to say that the efforts of the home State to arrive at a settlement in investment disputes should not be understood as being an alternative to other forms of dispute settlement - arbitration and negotiated settlement - but as complementing them.

In: Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009)

proceedings in investment (or “investor-to-State”) disputes, which are usually referred to arbitration pursuant to the forum selection clauses of the relevant Bilateral Investment Treaties (“BITS”). Before addressing consolidation in investment disputes, the experience gained in the same matter in

In: The Law & Practice of International Courts and Tribunals
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I. Introduction National treatment standard is one of the most important standards of treatment that are provided by a bilateral investment treaty (“BIT”). In the meantime, it is perhaps the most difficult standard to achieve, as it touches upon “economically” as well as “politically

In: The Journal of World Investment & Trade

) Model Bilateral Investment Treaty ( bit ). With the entry into force of the Lisbon Treaty, the eu was conferred exclusive competence over foreign direct investment. 1 This threw open a number of issues ranging from the fate of bit s concluded by eu Member States with third States, 2 to the future

In: The Journal of World Investment & Trade
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international investment agreements (IIAs), especially bilateral investment treaties (BITs). And yet, the impact BITs may have on attracting greater FDI to Africa still remains contested. 2 To date, the role investment agreements may have in attracting FDI for greater economic development and transformation of

In: The Journal of World Investment & Trade