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We Live outward show Cairo
World Musical
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The past decade has witnessed a surge in popularity of the Organisation of Islamic Cooperation’s Agreement for the Promotion and Protection of Investment, which is a multilateral treaty that binds twenty-seven states and allows for the resolution of investor-state disputes by ad hoc arbitration. There has been much scholarly discussion about this treaty as cases under its aegis continue to be filed every year. Another somewhat similar regional treaty has however kept a low profile, namely, the “Unified Agreement for the Investment of Arab Capital in the Arab States” (the “Arab Investment Agreement”), which is a treaty concluded by the members of the Arab League. This latter treaty appears to have garnered less interest and excitement.
Notwithstanding, this overlooked treaty possesses quite a unique feature; that is, it was the first investment agreement ever to establish a permanent forum for the settlement of investor-state disputes. The Arab Investment Court was established in 1983 and has been operational since 2003. Critics of Investor-State Arbitration who have called for the creation of a permanent investment court, have often neglected the fact that such a jurisdiction has existed for quite some time.
In light of this, one may wonder why this avant-garde treaty has be
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The OIC Investment Agreement (the “Agreement”), a multilateral instrument among certain members of the Organization of Islamic Cooperation, remains a potent tool for investment protection within the bloc. This post surveys developments concerning the Agreement since the authors’ last updates in late 2019 and 2020. In particular, the post provides an update on the ongoing efforts to establish a permanent dispute settlement mechanism, which one of the authors of this post reported on in late 2019. Although little has been reported publicly on the fruits of that effort, quiet progress has occurred through the creation of the OIC Arbitration Centre in Istanbul. Below we provide brief background on the treaty, then discuss recent case activity, treaty reform efforts, and institution-building in Turkey.
Background
Signed in 1981 and in force since 1988, the OIC Investment Agreement languished in obscurity until 2012, when a Saudi investor successfully invoked it in the seminal case Al Warraq v. Indonesia. The Agreement likely grew out of the same discussions as the “Euro-Arab investment treaty that nearly was” – a draft “megaregional” treaty that was ultimately abandoned for political reasons. The Agreement is partly coextensive with the Unified Agreement for the Inves