The current pandemic, and the treaty claims which are likely to stem from it, are a reminder of the importance for ASEAN to be engaged in ongoing discussions at the United Nations of possible reform of the system of investment treaty arbitration.
Amidst the global risk of ISDS claims, it is incumbent to shed light on Bangladesh’s BIT structure and its feasibility to confront ISDS claims in the backdrop of Covid-19 regulatory space.
India has a Bilateral Investment Treaty with China since 2007. The treaty provides foreign investors the right to fair and equitable treatment.
Of the 65 states that have received investment law advice from World Bank’s FIAS, 30 subsequently included arbitration in their law.
In the face of the increasing number of claims brought by investors against host states on the basis of BITs and the exorbitant amounts awarded to investors, Morocco has undertaken a review of its model BIT using a flexible and rational approach.
South Korea and Russia started another round of negotiations to clinch a free trade agreement (FTA) in the service and investment sectors.
As Brussels and Beijing struggle to agree on climate protection and trade, the coronavirus pandemic has exacerbated their differences. The longer the two sides talk, the more China benefits.
The 22nd EU-China summit had its purpose in moving the two sides closer to a long-negotiated investment agreement, but instead revealed the scope of tensions and differences that dominate the relationship.
Europeans are especially concerned about market access, the forced transfer of technology imposed on foreign firms operating in China, the subsidies offered by Beijing to its companies, the unbalanced relation in the public procurement market.
The 15 governments must consider the adverse impact of the mega FTA and put an end to trade agreements such as RCEP as they only increase protection and power of multinational corporations.
India and Uzbekistan are engaged in negotiations for finalizing a preferential trade agreement and a bilateral investment treaty.
On 5 February 2020, Australia and Indonesia signed an exchange of letters agreeing to the termination of the Aus-Indo BIT and its sunset clause.
The EU Commission has launched a public consultation calling for comments on its initiative to improve the protection of intra-EU investment. This initiative could lead to the adoption of new rules enhancing investors’ rights vis-à-vis EU Member States and to the creation of new enforcement mechanisms for investors within the EU.
Vietnam’s National Assembly passed resolutions ratifying the EU-Vietnam free trade agreement and investment protection agreement.
Ecuagoldmining’s estimated $20 million investment so far could turn into a $469 million award, should it emerge victorious in an arbitration proceeding.
The European Union and China have agreed to postpone a summit planned for this fall because of the coronavirus pandemic.
South Korea will hold the seventh round of talks with China to discuss expanding the scope of their bilateral free trade agreement to better cover the service and investment sectors.
Many German companies are therefore still hopeful that the current negotiations for an EU-China investment deal can take a decisive step forward this year.
Crucial European demands include subsidies to state-owned enterprises, access to the Chinese market and environmental issues, according to top official.
On 5 May 2020, 23 Member States of the EU entered into an Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union.