New draft model BIT for the Netherlands

The new draft model bilateral investment treaty of the Netherlands, disclosed by the Dutch ministry of foreign affairs in late 2017, is planned to stand in lieu of the actual “standard text” for the Netherlands BITs and provides for major changes such as the preclusion for individuals from acting both as counsel and arbitrator and the obligation for all the members of the arbitral tribunal to be appointed by an appointing authority (either the secretary general of ICSID, if ICSID rules are chosen, or the secretary general of the Permanent Court of Arbitration, if UNCITRAL rules are chosen). The new draft model BIT therefore rejects the party-appointment system and encourages the use of a “list” system.

2018-06-27T21:57:23+00:00 May 31st, 2018|News|0 Comments

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