Posts from Mishcon de Reya

Do companies registered in British Overseas Territories and Crown Dependencies have adequate investment protection?

The short answer is no. Bilateral investment treaties (BITs) are international treaties between two states where the states provide investors with a range of protections when they make foreign direct investments. But it is a little known fact that some of the most popular places in which investment vehicles are incorporated do not provide investors … Continue reading Do companies registered in British Overseas Territories and Crown Dependencies have adequate investment protection?

Can the CETA model solve NAFTA’s ISDS problem?

There have been five rounds of North American Free Trade Association (NAFTA) renegotiations thus far, but seemingly little progress regarding Chapter 11 – the investor-state dispute settlement (ISDS) chapter. While Canada and Mexico both favour keeping Chapter 11 with some tweaks and improvements, the US seems to have a different view entirely, wanting either dramatic … Continue reading Can the CETA model solve NAFTA’s ISDS problem?