Investment Treaty Arbitration

What is the prevailing attitude towards foreign investment?

What are the main sectors for foreign investment in the state?

Is there a net inflow or outflow of foreign direct investment?

Describe domestic legislation governing investment agreements with the state or state-owned entities.

Investment treaties: the bilateral and multilateral investment treaties to which the state is a party

Has the state amended or entered into additional protocols affecting bilateral or multilateral investment treaties to which it is a party?

Has the state unilaterally terminated any bilateral or multilateral investment treaty to which it is a party?

Has the state entered into multiple bilateral or multilateral investment treaties with overlapping membership?

Is the state party to the ICSID Convention?

Is the state a party to the UN Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention)?

Does the state have an investment treaty programme?

Government investment promotion programmes

Applicable domestic laws: the domestic laws that apply to foreign investors and foreign investment, including any requirements of admission or registration of investments

Relevant regulatory agency: the state agency that regulates and promotes inbound foreign investment

Relevant dispute agency: the state agency that must be served with process in a dispute with a foreign investor

Does the state have a model BIT?

Does the state have a central repository of treaty preparatory materials? Are such materials publicly available?

What is the typical scope of coverage of investment treaties?

What substantive protections are typically available?

Investor obligations and state rights

What are the most commonly used dispute resolution options for investment disputes between foreign investors and your state?

Does the state have an established practice of requiring confidentiality in investment arbitration?

Does the state have an investment insurance agency or programme?

How many known investment treaty arbitrations has the state been involved in?

Do the investment arbitrations involving the state usually concern specific industries or investment sectors?

Does the state have a history of using default mechanisms for appointment of arbitral tribunals or does the state have a history of appointing specific arbitrators?

Does the state typically defend itself against investment claims? Give details of the state’s internal counsel for investment disputes.

Is the state party to any international agreements regarding enforcement, such as the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

Does the state usually comply voluntarily with investment treaty awards rendered against it?

Unfavourable awards

Give details of any domestic legal provisions that may hinder the enforcement of awards against the state within its territory.

Key developments of the past year