Overview of investment treaty programme
1. What are the key features of the investment treaties to which this country is a party?
Gambia
(A significant number of bilateral investment treaties that are publicly listed as having been signed by the Gambia, are not publicly available and could not be obtained by the authors.1 This chapter contains information only on those treaties that were available to the authors. When the chapter states, for example, that ‘all Gambian investment treaties contain a FET article’, this should be understood as all Gambian investment treaties available to the authors.)
BIT Contracting Party or MIT |
Substantive protections |
Procedural rights |
||||||
---|---|---|---|---|---|---|---|---|
Fair and equitable treatment (FET) |
Expropriation |
Protection |
Most-favoured-nation (MFN) |
Umbrella clause |
Cooling-off period |
Local courts |
Arbitration |
|
ECOWAS Energy Protocol |
Yes |
Yes |
Yes |
Yes |
Yes |
3 months |
Yes |
Yes |
Guinea (not in force) |
Yes |
Yes |
Yes |
Yes |
Yes |
6 months |
Yes |
Yes |
Mauritania (not in force) |
Yes |
Yes |
Yes |
Yes |
Yes |
3 months |
Yes |
Yes |
Morocco |
Yes |
Yes |
Yes |
Yes |
Yes |
6 months |
Yes |
Yes |
Netherlands |
Yes |
No |
Yes |
Yes |
Yes |
No |
No |
Yes |
OIC Investment |
No |
Yes |
Yes |
Yes |
Non |
Compulsory conciliation - period undetermined |
Yes |
Yes |
Switzerland |
Yes |
Yes |
Yes |
Yes |
Yes |
12 months |
No |
Yes |
Qatar (not in force) |
Yes |
Yes |
No |
Yes |
No |
6 months |
Yes |
Yes |
United Kingdom (not in force) |
Yes |
Yes |
Yes |
Yes |
Yes |
3 months |
Yes |
Yes |