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Tag Archives: CETA

The Morocco-Nigeria BIT: a new breed of investment treaty?

This blog post was first published on the Practical Law arbitration blog. On 30 August 2017, the Moroccan Parliament ratified the Morocco-Nigeria bilateral investment treaty (“BIT“), which now awaits ratification by Nigeria. This treaty, part of a suite of agreements signed between Morocco and Nigeria at a ceremony in Casablanca in December 2016, is intended to herald a “strategic partnership” at a time when the two countries are embarking on an ambitious joint venture to construct a 4,000 km regional gas pipeline that will connect west African countries’ gas resources

CETA paves the way for Investment Court System

After seven years of negotiations, the European Union (EU) and Canada signed the Comprehensive Economic and Trade Agreement (CETA) on 30 October 2016. One innovative yet controversial aspect of CETA is the establishment of an international court to resolve investor-State disputes under the Agreement. As a result of demands by Belgium’s regional Walloon government, which previously threatened to block the Agreement, the introduction of this court has been deferred until the Court of Justice of the EU determines its compatibility with EU law.  Nevertheless, CETA marks the first time that

Canada agrees to the EU proposal on an international investment court

On 29 February 2016, a revised text of the Canada-EU Comprehensive Economic and Trade Agreement (“CETA”) was released. Importantly, Canada and the EU have agreed to a number of substantive changes to the CETA’s Investment Chapter, including: Stronger right to regulate: the EU and Canada fully preserve their right to regulate to achieve legitimate policy objectives, including protection of public health, safety, environment or public morals; Narrowly prescribed standards of investment protection: a closed list of measures that could give rise to a violation of the fair and equitable treatment

The brave new world of EU foreign investment policy

Since the Treaty of Lisbon entered into force more than four years ago, the EU has exclusive competence to conclude agreements covering foreign direct investments with third States.  Until then, EU Member States had concluded around 1,400 investment agreements with third States.  Slowly but surely the EU’s foreign investment policy begins to take shape and it is not all good news for foreign investors. Importantly, however, a regulation of 12 December 2012 clarified the principle that investment agreements by EU Member States with third States remain in force.  Thus, for