Following our post on the upcoming entry into force of EU Regulation 1219/2012 we hereby offer a short summary regarding its impact on the BITs signed by Spain with third countries (i.e., excluding those BITs signed with current or upcoming EU Member States).
On 20 December 2012 the Official Journal of the EU published Regulation No. 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries:
ICSID’s website has published an ‘Order of the Secretary-General Taking Note of the Discontinuance of the Proceeding’ dated 10 December 2012 in the ICSID Case No. ARB/12/27, Bidzina Ivanishvili v. Georgia.
On 17 November 2012 Spain and Haiti signed a Bilateral Investment Treaty during the Ibero-American Summit meeting hosted by Spain in Cadix (in Spanish only):
So far we have been unable to obtain the text of this BIT from any Spanish authority as they allege that it has not yet entered into force. Nonetheless, the press release issued by the Spanish Ministry for Foreign Affairs and Cooperation labels its content as ‘habitual’ so we can imagine the kind of provisions included in it.
We would be very happy to receive its text if someone interested in this topic manages to obtain it either from Spanish or Haitian officials.
* José Ángel Rueda; Managing Editor, Blogaila
According to UNCITRAL’s website, São Tomé and Príncipe has deposited its instrument of accession to the New York Convention. It will enter into force for this country on 18 February 2013 (see http://www.unis.unvienna.org/unis/pressrels/2012/unisl178.html).
We would be pleased to receive more information about the procedure that led the Government to take this decision. In addition, we would welcome general comments about the impact of this accession on commercial transactions involving São Tomean parties.
*José Angel Rueda, Ph.D; associate, Uría Menéndez, Madrid; Managing Editor, Blogaila