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Singapore-Indonesia Bilateral Investment Treaty

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Background On 9 March 2021, the latest Singapore-Indonesia Bilateral Investment Treaty (the "BIT") entered into force and updates the countries' investment protection framework vis-a-vis each...

Part III of a Trilogy: Potential defences of the host states

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We are pleased to introduce the third part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In...

The Advocate General calls for additional requirements to be satisfied in order for an...

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On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...

Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other...

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In its Achmea-decision, the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment...

Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening...

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On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...

Part II of a Trilogy: Investor claims in response to the State’s protective measures...

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We are pleased to introduce the second part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In...

Part I of a Trilogy: State measures in response to the COVID-19 pandemic

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States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of...

Protection of foreign investments in South Africa

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Overview In recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated. As...

Protection of foreign investments in Argentina

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Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims...

New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...

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For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...