Local Versus Global Approaches in the MENA Region thumbnail

Local Versus Global Approaches in the MENA Region

Published Aug 15, 26
4 min read


These treaties consist of shared endeavors in between those States to safeguard and promote financial investments made in their territories by nationals of the other State. Especially, not all States instantly include investorState disagreement settlement ("") provisions in the treaties they sign, so familiarity with various jurisdictions is important. While most significant Latin American jurisdictions usually offer ISDS in their BITs, Brazil, for instance, follows a distinct cooperation-and-facilitation model that leaves out ISDS mechanisms completely.

Where a breach is found, the State is liable to pay payment to the financier. Thousands of such treaties (bilateral or multilateral) are presently in force worldwide, granting certifying financiers defense versus unlawful State actions and allowing them to seek payment straight through arbitration. The majority of specify "investment" broadly to cover shares held directly or indirectly through subsidiaries, making it possible for investors to structure their holdings to benefit from treaty protection.

37 Amongst the Middle Eastern States surveyed, the United Arab Emirates has concluded the best number of these treaties (six in overall), consisting of agreements with Uruguay (2018 ), Paraguay (2017 ), and Mexico (2016 ).38 By contrast, Saudi Arabia currently has no BITs in force with any Latin American State. Before investing (or at a minimum, long before a conflict emerges) foreign investors must make sure they have maximum protection under a worldwide investment treaty by structuring their financial investments in such a method as to benefit from an existing treaty with the State in which the investment is situated.

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This approach, typically referred to as BIT structuring, is extensively recognized and promoted by arbitral tribunals, so long as the restructuring occurs before a conflict becomes reasonably foreseeable. 39 Otherwise, tribunals usually decline jurisdiction where defenses were set up only after problems started. On the commercial front, both investors and State entities should guarantee that their contracts contain robust arbitration stipulations.

ANSR July GCC PRs 50DR+ANSR July GCC PRs 50DR+


In parallel with treaty planning and commercial arbitration provisions, financiers ought to include legal safeguards that offer early solutions or exit rights if conditions degrade..2 Gulf-South America trade surges as economies grow, ARABIAN GULF ORGANIZATION INSIGHT dated 17 February 2025 available at ("UAE-Argentina non-oil trade rose more than 70 percent last year to $537 million, according to the UAE's national news agency, Wam.

; Miami Chamber of Commerce Dubai Reveals Worldwide Growth to Riyadh, Saudi Arabia, INSTAGRAM dated 18 May 2025 available at ("The Chamber revealed its international expansion to Riyadh, Saudi Arabia.

ANSR July GCC PRs 50DR+ANSR July GCC PRs 50DR+


The first extra chapter will be the Miami Chamber of Commerce Riyadh (MCCR).").6 The GCC imports 75% of its food here's how it is increasing food security through development, WORLD FINANCIAL online forum dated 14 February 2025 available at; The impact of climate modification on food security in the Middle East and North Africa: Obstacles and adaptation techniques, JOURNAL OF AGRICULTURE AND FOOD research study dated June 2025 offered at.7 Saudi Arabia's SALIC ups stake in Brazil's Minerva, REUTERS dated 16 September 2020 readily available at; Saudi Arabia's SALIC purchases 180 million BRF shares, WATTPOULTRY dated 19 July 2023 offered at.8 Abu Dhabi's IHC protects almost 15% stake in Colombia's Nutresa, ZAWYA dated 27 April 2024 available at ("Through its entirely owned subsidiary IHC Capital Holding, IHC has moved its 2.03% stake in Grupo de Inversiones Suramericana SA, and in return received a 2.45% stake in Grupo Nutresa, which is headquartered in Medellin.

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established in 2024."); Riyadh Chapter, Miami Chamber of Commerce Dubai Home Page, MIAMI CHAMBER OF COMMERCE DUBAI, RIYADH CHAPTERavailable at (detailing the chamber's objective of "promoting strong company connections, promoting financial development, and helping with cross-cultural exchanges in between these 2 worldwide centers."); Miami Chamber of Commerce Dubai Reveals International Expansion to Riyadh, Saudi Arabia, INSTAGRAM dated 18 May 2025 readily available at ("The Chamber revealed its global expansion to Riyadh, Saudi Arabia.

The first additional chapter will be the Miami Chamber of Commerce Riyadh (MCCR).").6 The GCC imports 75% of its food here's how it is increasing food security through innovation, WORLD ECONOMIC online forum dated 14 February 2025 available at; The impact of environment change on food security in the Middle East and North Africa: Difficulties and adjustment strategies, JOURNAL OF FARMINGS AND FOOD RESEARCH dated June 2025 readily available at.7 Saudi Arabia's SALIC ups stake in Brazil's Minerva, REUTERS dated 16 September 2020 available at; Saudi Arabia's SALIC purchases 180 million BRF shares, WATTPOULTRY dated 19 July 2023 offered at.8 Abu Dhabi's IHC secures almost 15% stake in Colombia's Nutresa, ZAWYA dated 27 April 2024 available at ("Through its wholly owned subsidiary IHC Capital Holding, IHC has actually moved its 2.03% stake in Grupo de Inversiones Suramericana SA, and in return received a 2.45% stake in Grupo Nutresa, which is headquartered in Medellin.

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