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...