Did you know that the UK`s contract network is twice as consistent as that of Egypt or Pakistan? Have you noticed that 81% of the TPP`s investment chapter is the same as the investment chapter of the U.S.-Colombia Free Trade Agreement, concluded ten years earlier, in 2006? The treatment of contractual investment texts as data can give policymakers, practitioners and researchers a more differentiated understanding of the universe of international investment agreements. The contract also contains provisions concerning ongoing arbitration proceedings, i.e. arbitration proceedings initiated before the Achmea judgment and which have not yet been completed. In such cases, Article 9 provides for the possibility for each party, an investor or an EU Member State, to request a “structured dialogue”, but only within six months of the end of the ILO concerned. Article 9(7) provides that such a procedure shall be `supervised by an impartial mediator in order to find between the parties an amicable, lawful and fair out-of-court settlement of the dispute which is the subject of the arbitration`. The settlement procedure is impartial and confidential and the mediator has reached a settlement agreement within six months. However, the parties may agree on a longer period if they deem it appropriate. “expiry clause” means any provision of a bilateral investment agreement that extends for a further period the protection of investments made before the date of termination of this contract. It has long been recognized that a significant obstacle to foreign investment is the risk of political decision-making by the government and the judiciary of host countries. BITs are agreements between countries that allow foreign investors to assert claims against a host government in private arbitration proceedings. a process known as “investor-state dispute settlement” or ISDS. These agreements encourage foreign investment by providing investors with a range of protective measures, including protection against expropriation, discriminatory treatment or violation of appropriate investment expectations.
Investors are also protected from having to rely on national courts, as disputes arising from such contracts are decided by neutral arbitration tribunals jointly appointed by the investor and the host government. CONSIDERING that this Agreement concerns bilateral investment agreements within the EU and does not apply to procedures within the EU on the basis of Article 26 of the Energy Charter Treaty. The European Union and its Member States will address this issue at a later stage; 4 The debate on the intra-EU IVB a) Position of the European Commission b) Position of the Western European Member States, centred on the Dutch Government c) Position of the Member States of Central and Eastern Europe, centred on the Czech Republic d) Position of investment lawyers, including investment arbitrators the agreement implements the judgment of the Court of Justice of the European Communities of March 2018 (Achmea case), in which the Court of Justice found that investor-state arbitration clauses contained in bilateral investment agreements within the EU (“intra-EU BITs”) were incompatible with the EU Treaties. . . .