In the field of international investment law, many bilateral investment treaties (BITs) and free trade agreements (FTAs) include a clause known as the “fork-in-the-road” clause. Though it may sound metaphorical, this clause carries serious legal consequences for investors, especially when disputes arise between foreign investors and host states. This article provides an overview of the fork-in-the-road […]
In the realm of international investment arbitration, few treaty provisions generate as much debate as the “umbrella clause.” Often tucked into bilateral investment treaties (BITs) or free trade agreements (FTAs), this short yet powerful clause has significant implications for investor-state disputes. But what does it actually mean, and how do tribunals interpret it? This article examines […]