List of pre-2009 extra-EU BITs published by the European Commission, by José Ángel Rueda

08 Wednesday May 2013

Posted by in Europe, Investment

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On 8 May 2013 the Official Journal of the European Union has published the List of the bilateral investment agreements referred to in Article 4(1) of Regulation (EU) No 1219/2012 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries.[1]

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Signature of Canada-Nigeria FIPA, by José Ángel Rueda

05 Sunday May 2013

Posted by in Africa, International Trade, Investment

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Here in Europe we are longing for the publication by the European Union of the list of pre-2009 BITs that its 27 Member States want to maintain in force or permit to enter into force with third States pursuant to Articles 2 and 4(2) of Regulation 1219/2012.[1] This list will clarify the status of some 1,200 BITs entered into by EU Member States between 1959 and 2009 – undoubtedly a major event for international investment law.[2]  Continue reading »

UNCTAD publishes new statistics on investment treaty arbitration, by José Ángel Rueda

18 Thursday Apr 2013

Posted by in International Arbitration, Investment

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UNCTAD has published a new edition of its statistics on investment treaty arbitration. Despite its title, “Recent Developments in Investor-State Dispute Settlement (ISDS)”,[1] it just refers to investment treaty arbitration, as stated above, because an inquiry on investment disputes arising out solely of a contract between a foreign investor and a State entity is almost impossible to achieve (arbitration courts apply strict confidentiality on these matters).   Continue reading »

ICSID Case Commentary: Tethyan Copper Company Pty. Limited v. The Islamic Republic of Pakistan (ICSID Case No ARB/12/1), Decision on Claimant’s Request for Provisional Measures, 13 December 2012, by Nida Mahmood

08 Monday Apr 2013

Posted by in Asia, International Arbitration, Investment

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Facts

On 29th July 1993, BHP Minerals International Exploration Inc. (BHP) and the Balochistan Development Authority (BDA), a statutory corporation of the Province of Balochistan in Pakistan, entered into a Chagai Hills Exploration Joint Venture Agreement (CHEJVA) for exploration of deposits of gold, copper, and other minerals in the Chagai district of Balochistan.  However, pursuant to two subsequent contracts, (i) an option Agreement and (ii) an Alliance Agreement with BHP, the Claimant, Tethyan Copper Company Pty Limited, a company constituted and registered under the laws of Australia and owned in equal shares by Antofagasta Plc, a company incorporated in the United Kingdom with its headquarters in Chile, and Barrick Gold Corporation, a company incorporated in Canada, took over from BHP the exploration activities in the Chagai Hills exploration area. Continue reading »

Japan’s favourable stance towards FTAs and treaty succession, by José Ángel Rueda

31 Sunday Mar 2013

Posted by in Asia, International Arbitration, International Trade, Investment

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March 2013 will be remembered as a month in which relevant FTA negotiations were launched or reinforced by accessions of powerful States.[1] One of the most prominent actors in this period has no doubt been Japan as in just a couple of weeks it decided to join[2] existing FTA talks for the Trans-Pacific Partnership (TPP)[3] and launch FTA negotiations with the European Union (EU).[4]  Continue reading »

Bolivian President defends recent nationalizations, by José Ángel Rueda

13 Wednesday Mar 2013

Posted by in Investment, Latin America

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Today we would just like to share with our readers some news coming from the current European tour of President Evo Morales of Bolivia. In this regard it is reported that, both in Vienna, Austria on 11 March 2013[1] and in Paris, France on 12 March 2013,[2] Mr. Morales has defended the string of nationalizations decreed by the Bolivian Government in recent months.  Continue reading »

Latest remarks on EU’s FTA and foreign investment plans with developing countries in Asia, by José Ángel Rueda

11 Monday Mar 2013

Posted by in Asia, Europe, International Trade, Investment

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The EU has been very active in the promotion of free trade and investment during the last two weeks.[1] Morocco, Peru, Ukraine or the United States of America have become or will become EU partners in those fields in the near future.

Now we would like to complete the scenario by pointing out the latest developments of EU initiatives with a further two developing countries: Myanmar and Vietnam.  Continue reading »

Remarks on the latest expropriation of foreign-owned assets in Bolivia, by José Ángel Rueda

09 Saturday Mar 2013

Posted by in International Arbitration, Investment, Latin America

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As already reported,[1] on 18 February 2013 the Government of the Plurinational State of Bolivia agreed to expropriate and nationalize Servicios de Aeropuertos Bolivianos, S.A. (SABSA), a Bolivian company which was granted concessions to run airports in La Paz, Santa Cruz de la Sierra and Cochabamba. SABSA was ultimately controlled by Spanish companies Abertis and AENA from 2004 until the date of nationalization.  Continue reading »

Launch of FTA talks between the EU and Morocco formally announced, by José Ángel Rueda

04 Monday Mar 2013

Posted by in Africa, Europe, International Trade, Investment

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On 1 March 2013 José Manuel Barroso, President of the European Commission, paid an official visit to Morocco. At the end of the round of meetings held with H.M. King Mohammed VI and Prime Minister Abdelilah Benkirane in Rabat, Mr. Barroso formally announced the launch of negotiations between the EU and Morocco for the conclusion of a so-called Deep and Comprehensive Free Trade Agreement or DCFTA (English for “Accord de Libre Échange Complet et Approfondi”).[1]

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Provisional application of the EU-Peru FTA from 1 March 2013 announced, by José Ángel Rueda

03 Sunday Mar 2013

Posted by in Europe, Intellectual Property, International Trade, Investment, Latin America

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On 28 February 2013 the European Commission announced the provisional application as of 1 March 2013 of the free trade agreement (the “FTA”) signed by the EU (and its 27 Member States) and Peru on 26 June 2012.[1] Although the FTA was also signed by Colombia it will not be provisionally applicable with this country until Colombia ratifies it later this year.  Continue reading »

Newest expropriation of foreign-owned assets in Bolivia, by José Ángel Rueda

19 Tuesday Feb 2013

Posted by in International Arbitration, Investment, Latin America

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The Government of the Plurinational State of Bolivia has agreed to expropriate and nationalize Servicios de Aeropuertos Bolivianos, S.A. (SABSA), a Bolivian company which was granted concessions to run airports in La Paz, Santa Cruz de la Sierra and Cochabamba.[1] SABSA was until the date of expropriation under control of two Spanish companies, Abertis (90%) and AENA (10%), through holding company TBI. Continue reading »