Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]
Limits to the Police Powers Doctrine
According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]
Third Party Funding Is Being Regulated
For the first time an International Investment Agreement (IIA) is about to include an express reference to third party funding. The draft Free-Trade Agreement (FTA) between the European Union (EU) and Vietnam is paving the way for regulating third party funding in treaties. This regulation effort occurs in a context of booming of third party funding […]
Alejandra Delfin | El recurso de nulidad y la recepción de la jurisprudencia en la Decisión de los Comités Ad Hoc
[Revista de Derecho Administrativo (ReDA) #84, Ed. Lexis Nexis – Abeledo Perrot. Buenos Aires, Argentina. Pages 1817/1829. December 2012. ISSN 1851-0590] 1.- Introducción Mucho se ha discutido acerca de lo que acontece en torno a las demandas presentadas por inversores extranjeros contra la República Argentina ante el CIADI, enmarcadas en los Tratados Bilaterales de Promoción […]
Argentina Will Withdraw from the ICSID Convention
Argentina has announced that it will withdraw from the ICSID Convention, following in the footsteps of other South American nations, such as Bolivia, Ecuador and Venezuela. The chief legal advisor to Argentine’s Treasury is leading this project, and he called ICSID “a tribunal of butchers” that always favors multinational companies. Argentina currently faces 43 claims, […]