What is the Future of Intra-EU BITs?
…transformed into the so-called “Intra-EU BITs”. The problems of Intra-EU BITs arose when the European Commission started its campaign against Intra-EU BITs, alleging their incompatibility with EU law. Many EU…
Search Results for: intra-eu bits
Hungary Gives the Green Light for the Conclusion of a Termination Agreement for Intra-EU BITs
…the Member States, calling on them to take action to terminate their intra-EU BITs. Hungary’s Intra-EU IIAs Hungary currently has 54 BITs in force, 22 of which are so-called intra-EU…
The End of Intra-EU BITs: Fait Accompli or Another Way Out?
…on intra-EU BITs will definitely provide important guidance on the relationship between EU law and intra-EU investment arbitration as well as the future of intra-EU BITs in general. It will…
Achmea, Arbitration, BIT, European Law, International arbitration, Intra-EU BITs, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investor-State arbitration, Sunset clauses
The EU Plurilateral Draft Termination Agreement for All Intra-EU BITs: An End of the Post-Achmea Saga and the Beginning of a New One
…clause contained in intra-EU BITs is incompatible with EU law, which effectively put an end to the intra-EU BITs (more KAB posts on the interim developments regarding intra-EU BITs can…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Enforcement, International arbitration, Investment Arbitration
Agreement on the Termination of Intra-EU BITs: Sunset in Stone?
…Law of Treaties (“VCLT”). Moreover, the mass culling of the intra-EU BITs, along with their sunset clauses, cleans the slate and aligns intra-EU BIT practice for the majority of EU…
BIT, Europe, European Law, Investment Arbitration, Other Issues, Vienna Convention on the Law of Treaties
The European Commission’s Opposition To Intra-EU BITs And Its Impact On Investment Arbitration
…agreements.” The Commission therefore considered that intra-EU BITs should be rescinded because they were superseded by EU law (notwithstanding the fact that EU law does not confer access to arbitration…
CJEU Extends Achmea to Ad Hoc Arbitration Agreements Identical to Intra-EU BITs’ Arbitration Clause
…Achmea (with respect to intra-EU BITs; see Blog’s coverage here) and Komstroy (Case C-741/19, as regards intra-EU disputes under the ECT; see this previous post) to ad hoc arbitration agreements…
International Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Sunset clauses
Termination of Intra-EU BITs: Commission and Most Member States Testing the Principle of Good Faith under International Law
…2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The road the EU has taken…
AfCFTA, the Future Investment Protocol, and the Phasing-Out of Intra-African BITs
…the focus for many African policymakers. The lessons learned from the European Union (EU) and intra-EU BITs has shown that increased integration creates a need for more harmonisation. This round…
Anti-ISDS Propaganda, Arbitration, Arbitration Proceedings, BIT, Investment Arbitration, ISDS, Poland
Bye-Bye BITs? Poland Reviews Its Investment Policy
…intra-EU BITs. Poland is a contracting party to approximately 60 BITs (23 of them are intra-EU BITs) and the Energy Charter Treaty. Interestingly, Poland is not a contracting party to…
Another One BIT the Dust: Is the Netherlands’ Termination of Intra-EU Treaties the Latest Symptom of a Backlash Against Investor-State Arbitration?
…contained in the ECT. The Writing Is on the Wall for Remaining Intra-EU BITs There are over 190 intra-EU BITs. Many of these were agreed in the 1990s, before the…
The Intra EU-BITs in the Opinion of AG Wathelet between Light and Shadow
…by intra-EU BIT-based tribunals,1)Among these arguments are those that i) intra-EU BITs and EU law do not regulate the same subject-matter (Opinion, para. 173 ff.); ii) EU law does not…
A Critique of EU’s Double Standards on Dispute Resolution Mechanisms in Bilateral Investment Treaties and Double Taxation Treaties
…and effectively in order to be accorded a fair tax treatment and avoid legal uncertainty. EU’s Inconsistent Take on Arbitration Agreements in Intra-EU BITs in Light of Intra-EU DTTs Arbitrations…
Why Brexit May Be Good for UK Investors Abroad
…arbitral tribunals in intra-EU BIT arbitrations. They argue that intra-EU BITs are incompatible with EU law. To date arbitral tribunals seized under intra-EU BITs do not appear to have followed…
Latest Developments Concerning European Bilateral Investment Treaties
…BITs as long as certain conditions set forth by the Commission are met. Intra-EU BITs Intra-EU BITs are typically BITs that were entered into between Member States and third countries…
Investment arbitration under intra-EU BITs: Recent developments in Eureko v. Slovakia
…in intra-EU bilateral investment treaties do not conflict with EU law and that investors can therefore continue to bring claims against the host state on the basis of such provisions….
Termination of BITs and Sunset Clauses – What Can Investors in Poland Expect?
…date), such a coordinated annihilation of intra-EU BIT regime seems unlikely. Even when a proposal for a comprehensive phasing out of intra-EU BITs was made in April 2016, it suggested…
Let the Show Begin: Poland Has Commenced the Process of BITs’ Termination
…a line of twenty-three intra-EU BITs which will probably be terminated sooner rather than later. Arguments for the alleged nonconformity of intra-EU BIT with EU Law are well known. The…
The (Final?) Death of Intra-EU Investor-State Arbitration
…comprehensive and exclusive system for the protection of intra-EU investments; Disputes must be litigated in the courts of the appropriate Member State; Intra-EU BITs themselves are contrary to EU law…
CJEU, Energy Charter Treaty, European Law, European Union, Intra-EU ISDS, Investment Arbitration, Investment Disputes
AG Szpunar’s Opinion in Case C-741/19: Preparing the End of Intra-EU Investment Arbitration Under the Energy Charter Treaty?
…Achmea to intra-EU ECT arbitration. II. Consequences for Intra-EU Investment Arbitrations In view of its lack of competence, the CJEU should not address the issue of intra-EU ECT arbitration…
European Union, Intra-EU BITs, Intra-EU ISDS, Investment, Investment Arbitration, Investment protection, ISDS, ISDS Reform, Multilateral Investment Court
The Future of Intra-EU Investment Protection: An Urgent Call for a New Roof and a Level Playing Field
…its initiative to strengthen intra-EU investment protection, the EC has been soliciting views of the European public on strengths or weaknesses of the intra-EU investment protection system. Surely, many different…
What Next for Intra-EU Investment Arbitration? Thoughts on the Achmea Decision
…protect investors post-termination of BITs. It is, of course, only the ISDS (investor-state dispute settlement) mechanisms of intra-EU BITs that are potentially affected by the CJEU’s decision. The substantive protections…
Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration
A Rollercoaster: The First Half of the Year 2018 for BITs and ISDS
…not declare that all ISDS provisions in intra-EU BITs are incompatible with EU law, but focused only on the particular one in the Netherlands-Slovak BIT, which was at issue in…
Achmea, Energy Charter Treaty, Enforceability, Enforcement, ICSID, Intra-EU BITs, Intra-EU Investment Arbitration, USA
Enforcing Intra-EU Dispute Awards in the United States after Achmea
…for in intra-EU BITs and intra-EU disputes under the Energy Charter Treaty (“ECT”) would be valid. Several arbitral tribunals and national courts have dealt with this issue and it has…