Tanzania Faces a New ICSID Claim under the Terminated Netherlands BIT

In September 2018, Tanzania took the international arbitration community by surprise when it issued its notice of its intent to terminate the Agreement on Encouragement and Reciprocal Protection of Investments between Tanzania and the Netherlands which was set to expire on 1 April 2019 (Netherlands BIT). Article 14 (2) of the Netherlands BIT provides that if either party did not terminate the treaty within six months of the expiration date, the bilateral investment treaty would automatically renew for an additional ten years, that is, to 2029.

Sadaff Habib, Senior Associate in our Dubai office and assistant editor for the Africa region at Kluwer Arbitration Blog, discusses here the case for termination and the new ICSID case, the status of the Netherlands BIT post termination and what this means for other BITs in place in Tanzania.

You can read Sadaff’s article here.