Investment Treaty News (ITN), Volume 11, Issue 3, October 2020

As such, the primary The concern of JSI signatories about unintended area of overlap between the MFIF and IIAs is that they consequences stemming from the interaction between both seek to govern investment-related measures in the two regimes governing the same subject area is well operations phase of the investment life cycle. [...] While African officials did participate has enacted significant changes to the legislation in the preparatory meetings organized by the World governing foreign investment in natural resources— Bank for the negotiation and drafting of the 1965 and related dispute settlement mechanisms—with the ICSID Convention and, to a limited extent, in the aim of ridding the sector of the vestiges of “colonial” [...] Before discussing these changes, and the UNCITRAL Model Law, they were not involved in order to understand the rationale for them, this in the original formulation and establishment of the article first provides the relevant historical context of PCA, nor in the traditional commercial forums such as international arbitration in Africa. [...] OCTOBER 2020 One element of the Arbitration Act that will be EAC member states, Canada, the United Kingdom, welcomed by investors is the removal of differentiation and the United States, may not be chosen as the seat of of levels of enforcement between domestic and foreign the arbitration proceedings. [...] In the time since these BITs of Fundamental Rights of the EU, and case law of the were concluded, these Eastern European states joined Court of Justice and of the European Court of Human the EU, and the rights of cross-border investors in their Rights (ECHR).