Reimagining BITs. Recent developments in the international investment regime with a focus on the UK

Notable recent and ongoing events are likely to significantly affect the future of international investment protection and planning. These include developments relating to the Energy Charter Treaty (ECT), whose proposed modernisation continues to generate controversy, as well as the UK’s bilateral investment treaties (BITs) with EU Member States, of which the majority have been terminated recently, purportedly with their sunset clauses.

Issues for affected investors and States include:

• How should investors best protect existing investments covered by affected treaties?
• What protection should investors realistically expect with regard to future investments?
• What is the likely fate of awards rendered under intra-EU BITs, EU-UK BITs and the ECT?