Download case study as PDF
... First introduced during the de-colonisation era, bilateral investment treaties (BITs) set out to
encourage investments into developing countries by protecting foreign investors against arbitrary
government measures. Most investment treaties offer binding international arbitration in cases of
Investment treaties: the emerging crisis
... between pairs of governments (of which there are
now around 3,000) and the investment chapter contained in bilateral or regional free trade
agreements (especially those involving the United States).
Many of these agreements have ‘investor-to-state’ dispute systems, under which a private
company or i ...
Not So Fast - Columbia Center on Sustainable Investment
... chapters of both deals. Business associations are pushing to include an arrangement by which a
foreign investor (such as a U.S. company operating abroad) can sue the host government if the
company alleges that government actions are unjustly harming the firm's profitability. The
mechanism creates an ...
in South Asia - South Solidarity Initiative
... Investment – Sustainable Development – Paradox
Extra legal protection for investors
Developing countries signed them to attract
investment and capital.
Corporates can drag governments to international
arbitration process and claim huge compensation.
Corporates do not need to go through domestic
Investment Provisions in Trade and Investment
... 1. ISDS shifts key powers to for-profit arbitrators
who are not publicly-accountable or judicially
independent.11 Whenever foreign investors
choose to bring a claim, the arbitrators are given
the power to make final decisions about what
a country can do in its sovereign legislative,
executive, and ...
Investor-State Dispute Settlement — A Cut Above the Courts?
... There are over 3,000 BITs currently in force. Australia is party to 21 of them in the form of
Investment Protection and Promotion Agreements, all of which contain ISDS provisions. In
addition, Australia is party to seven FTAs with New Zealand, Singapore, Thailand, the
United States, Chile, the Assoc ...
EU - Myanmar Bilateral Investment Treaty Briefing
... agreements offer very broad protection to foreign investors, including rights under contract,
their rights of establishment and entry as well as its operations and exit. Under many
bilateral investment agreements all sectors of the economy are covered unless explicit
reservations are made in the agr ...
RTF 260K - High Court of Australia
... Policy Statement was removed from the Commonwealth Government's website. An ISDS
clause was included in the Australia-Korea Free Trade Agreement and, it would seem, is
under discussion for the TPP.11
Late last year a Senate Committee considered a Private Member's Bill which would
have prohibited the ...
Two lectures on international investment law
... General issues of international investment law to
The Norwegian Government’s proposal for Model
for Future Investment Agreements and the
submissions in the public consultation. There is
an English translation of the Model and several
of the submissions are
... contracts require that investors submit to arbitration if they feel wronged; in other words,
investors must surrender their right to seek recourse in a court or in front of a jury.
Limiting an investor’s ability to access the judicial system results in a lack of confidence
in their investment profes ...
150528 ISDS CAMs final
... treatment of European investors in the US on account of existing agreements of Member
States; to ensure that foreign investors are treated in a non-discriminatory fashion and have a
fair opportunity to seek and achieve redress of grievances while benefiting from no greater
rights than domestic inves ...
... “When the threat of litigation represents an inhibiting factor in the policy-makers’ decisions to adopt
regulatory measures in the public interest”
A tribunal may take into account whether a party made “a specific representation to an investor to
induce a covered investment, that created a l ...
Statement of the European Union and the United States on Shared
... the same external environment and competing on a level playing field in a given market.
3. Strong Protection for Investors and Investments: Governments should provide the
highest possible level of legal certainty and protection against discriminatory, arbitrary,
and otherwise unfair or harmful treat ...
Expropriation and investor-state disputes: The
... According to a report in the Indian press, the government of India may seek to amend its bilateral
investment treaties in order to 'dilute' the protections accorded to foreign investors.
A 'senior government official' told the Economic Times that the Department of Economic Affairs
may look to reopen ...
... concluded BIT
• Czech Republic is the most active country
(15 renegotiated BIT accession to the EU)
• Several BITs have been replaced by broader
economic agreements with a BIT-like chapter
• Renegotiation on regional level: ASEAN replaced its
investment agreement by the ASEAN Comprehensive
The World Bank Group
... Restriction, Expropriation, War and Civil Disturbance, and Breach of Contract (for contracts
between the investor/project enterprise and the authorities of the host country). These
coverages may be purchased individually or in combination.
here - International Economic Law and Policy Blog
... The Centre for International Law at the National University of Singapore is pleased to announce a call for
papers for a workshop, entitled “International Investment Treaties and National Governance”, which shall take
place on 16 -17 November 2017 in Singapore.
International investme ...
Director of Public Markets
... (TRSL) Public Markets, which currently has $8.0 billion invested in 28 public market
portfolios/accounts. Key responsibilities include: managing the activities of the external
managers, including analysis and due diligence reviews; furnishing appropriate reports on all
investment activity; and prese ...
The Yale Journal of International Law Online Matthew C. Porterfield†
... as a waiver of the exhaustion requirement, particularly in arbitrations
brought under the ICSID Convention.14 A small minority of IIAs
requires some recourse to domestic courts before bringing an
international claim, although most of these treaties only require an
investor to pursue local remedies f ...
Investor-state dispute settlement
Investor-state dispute settlement (ISDS) is an instrument of public international law, that grants an investor the right to use dispute settlement proceedings against a foreign government. Provisions for ISDS are contained in a number of bilateral investment treaties, in certain international trade treaties, such as the North American Free Trade Agreement (Chapter 11) and in international investment agreements, such as the Energy Charter Treaty. If an investor from one country (the ""Home State"") invests in another country (the ""Host State""), both of which have agreed to ISDS, and the Host State violates the rights granted to the investor under public international law, then that investor may bring the matter before an arbitral tribunal.While ISDS is often associated with international arbitration under the rules of ICSID (the International Centre for Settlement of Investment Disputes of the World Bank), it in fact often takes place under the auspices of international arbitral tribunals governed by different rules and/or institutions, such as the London Court of International Arbitration, the International Chamber of Commerce, the Hong Kong International Arbitration Centre or the UNCITRAL Arbitration Rules.