Brexit, BITs and Enforcement by Aidan O’Neill QC (Scot) QC


The United Kingdom has, under and in terms of Article 50(2) of the Treaty on European Union (TEU), formally notified the European Council of its intention to leave the European Union (“Brexit”). In this paper Aidan considers what effect the United Kingdom ceasing to be a Member State of the European Union might have on the adjudication of disputes under International Investment Agreements (IIAs) – particularly those Bilateral Investment Treaties (BITs) which have been concluded by the UK – and on the enforcement of the awards resulting from such adjudications.