Bilateral Investment Treaty Definition

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GLOSSARY

/bʌɪˈlat(ə)r(ə)l/ /ɪnˈvɛs(t)m(ə)nt/ /ˈtriːti/

Published by a ��Ƶ Arbitration expert

What does Bilateral Investment Treaty mean?

A treaty between two states that seeks to encourage reciprocal investment by investors of those two states, including providing for rights and protections for foreign investors and investments, and how any disputes that may arise are to be resolved (often referred to as investor-state dispute settlement or ISDS).

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Cross-border private M&A transactions—checklist

Cross-border private M&A transactions—checklist When a private M&A transaction involves multiple jurisdictions this will often result in the need to consider additional factors in the planning, structuring and execution of the deal. This Checklist sets out practical guidance on the key cross-border issues for legal teams to consider when advising on an international private M&A transaction in order to facilitate its successful outcome. Issue Guidance Compliance issues If the transaction involves parties or assets located in a jurisdiction which has been designated as ‘high risk’ under applicable anti-money laundering guidance or regulations, enhanced client due diligence and ongoing monitoring for potential money laundering or terrorist financing activities must be applied. These monitoring obligations will be particularly acute during due diligence. Sanctions Advisers on cross-border deals should also be mindful of which countries are subject to international sanctions (under UK, EU, UN or US regulations). Dealing with persons subject to sanctions may trigger reporting obligations and/or criminal liability. Screening of new clients and other relevant parties should be carried out...

Pakistan FDI control

Pakistan FDI control A conversation with Mr. Sarjeel Mowahid, Partner, Ms. Humail Atiq, Associate of ABS & CO on key issues on FDI control in Pakistan. 1. What is the applicable legislation? Pakistan is a federation whereby certain subjects are devolved to the competence of the provinces, while others are retained under the legislative competence of the federal government. As of passing of the 18th Amendment of the Constitution of 1973, there is a federal legislative list which covers the subjects on which the federal government is competent to legislate, while other subjects shall be legislated upon by the provinces. It may be noted that the scope of the article is limited to the overall investment regime applicable to foreign investors, with a primary focus on federal legislation. Sectoral and provincial laws may be applicable in addition to the laws mentioned below, and it is pivotal that professional advice is sought with regards to the nature of the investment being made. Regardless, the main laws are as follows: •...

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Can Romania escape its arbitral award catch-22

Law360: On 2 October 2024, the European Union General Court upheld a decision by the European Commission prohibiting Romania from paying a €178m award from the International Centre for Settlement of Investment Disputes in favour of the Micula brothers.

State immunity case highlights UK’s creditor-friendly stance

Law360, London: In recent years, there has been a surge of enforcement cases against states, especially outside the EU, following a series of judgments from the Court of Justice of the EU, commencing with the 2018 decision in Slovak Republic v. Achmea BV, which held that intra-EU bilateral investment treaties were incompatible with EU law.(Case C-284/16 ECLI:EU:C:2018:158. With ISDS provisions in intra-EU BITs being treated by the CJEU as incompatible with EU law and therefore invalid, it follows that national courts of EU Member States may feel bound to refuse to recognise and enforce such awards).

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GLOSSARY