Re-discovering the Origins of Bilateral Investment Treaties
[Danilo Ruggero Di Bella is a lawyer at Bottega Di Bella.] Tracing back the origins of Bilateral Investment Treaties (BITs) may have a bearing on contemporary arbitral practice. Contrary to common belief, BITs may not originate directly from Friendship, Commerce and Navigation Treaties (FCN treaties). Arguably, the so-called bilateral Conventions of Establishments (BCEs) – at times referred to as Treaties of Establishment – might instead...