The changing ecosystem of Dutch BITs

“This article reviews the recent changes of the Dutch model BIT text. It provides a background of the political changes at the domestic as well as the European Union (EU) level, which have been driving these changes.

The consequences of the Achmea judgment are of particular importance for the intra-EU BITs and potentially for the Energy Charter Treaty. Subsequently, the article highlights the most dramatic changes compared to the previous Dutch model BIT text and Dutch BIT practice.

The author concludes that these changes will ultimately result in a lowering of the level of investor and investment protection.”

Nikos Lavranos

Arbitration International, 2020, 36, 441–457
doi: 10.1093/arbint/aiaa009
Advance Access Publication Date: 8 April 2020
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