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In March 2014, the Dutch embassy in Jakarta announced that Indonesia had �decided to terminate� its bilateral investment treaty (BIT) with the Netherlands and, further, that Indonesia intended to terminate all of its other existing BITs. The Dutch announcement prompted a flurry of commentary, much of it alarming in tone and warning that foreign investors should take immediate steps to…
- Tahun Terbit
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The present article presents a study of past awards dealing with the question as to whether a recourse-to-national-courts requirement provided for in some bilateral investment treaties (BITs) may be bypassed by operation of a mostfavoured- nation (MFN) clause contained in the same BIT. We posit that a more careful application of the rules of treaty interpretation contained in Articles 31 and 3…
- Tahun Terbit
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Foreign shareholders� claims seeking reflective loss that arises from the host State�s violation against the rights of the local company has been recently challenged in academic literature on investment treaty arbitration. The standing of shareholders in such investment treaty claims is an issue of admissibility of the claim rather than jurisdiction of the arbitral tribunal. This arti…
- Tahun Terbit
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Rules on expropriation have long formed the core of the field of international investment law, but have not been in the centre of arbitral practice and scholarly debate in the past decade. Several developments may explain this loss of prominence. First, cases of outright expropriations have become rare after the 1990s, in a climate with an international focus on the beneficial effects of forei…
- Tahun Terbit
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The Decision on Jurisdiction of the ICSID Tribunal in Siemens AG v Argentine Republic was noteworthy for following the Emilio Agustı�n Maffezini v Kingdom of Spain approach in permitting the claimant to invoke the most-favoured-nation (MFN) provision in order to access an investor�State dispute settlement (ISDS) provision in another bilateral investment treaty (BIT)
- Tahun Terbit
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