Canada released its “modernized and inclusive” Foreign Investment Promotion and Protection Agreement Model, sending a message that it intends to continue to provide international dispute resolution protections to foreign investors.
For the Advocate General , the award must be subject to a comprehensive review of the award in light of EU law and the arbitration agreement must not violate the principle of equal treatment.
The Higher Regional Court held that there was no room for reasonable doubt that the arbitration clause in the Croatia - Austria BIT was invalid based on the rulings in Achmea.
The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
Indigenous populations often live in territories that are earmarked for construction projects, which may lead to inevitable friction with state governments and subsequently, developers and investors.
One of the most significant early proposals for a multilateral agreement to protect private foreign investment was launched in 1957 by groups of European business people, and lawyers.