Could bilateral investment treaties save the Brexit day?

Author: Jimmie Franklin | Published: 9 Oct 2019

There is speculation in the arbitration community about whether a hard Brexit could bring benefits for investors in EU member states and the UK.

While uncertainty remains on both sides of the Channel, there is optimism about whether bilateral investment treaties (BIT) could be revalidated between the EU and the UK. BITs are a type of agreement that establishes the terms and conditions for private investment by residents and corporates of one state into another state.

They are influential in trade pacts, and the UK has entered in over 100, with 94 in force at present.

"There is a huge debate raging as to the validity of investor treaties between EU member states" said Baker McKenzie partner Ed Poulton. "This would arguably give the UK a competitive advantage, which might mitigate some of the negative effects of Brexit."

"EU member state governments are largely happy with the current state of...