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
…intra–EU BITs or the ECT by investors incorporated in an EU Member State. Hungary’s Changing Position on the Applicability of its Intra–EU IIAs In these intra–EU arbitrations, contrary to other…
The End of Intra-EU BITs: Fait Accompli or Another Way Out?
European Union (“CJEU”). In the European Commission’s view, intra–EU BITs overlap and conflict with the EU single market. Intra–EU BITs only protect investors from the respective BIT Treaty States and…
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 The Commission therefore considered that intra–EU BITs should be rescinded because they were superseded by EU law (notwithstanding the fact that EU law does not confer access to arbitration…
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?
all its intra–EU BITs, followed by Italy in 2013. In 2015, the European Commission formally requested Austria, the Netherlands, Romania, the Slovak Republic and Sweden to end the intra–EU BITs…
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…
A Critique of EU’s Double Standards on Dispute Resolution Mechanisms in Bilateral Investment Treaties and Double Taxation Treaties
2019, several EU Member States have echoed the CJEU’s stance in a joint declaration, affirming the primacy of EU law over intra–EU BITs, the invalidity of the underlying arbitration agreements…
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
27 March 2007; Eureko v. Slovakia, Award on Jurisdiction, 26 October 2010) or assumed jurisdiction without even addressing the compatibility of intra–EU investment arbitration with EU law (Eureko v. Poland,…
Termination of BITs and Sunset Clauses – What Can Investors in Poland Expect?
non-EU Member States (these “extra-EU BITs” are to be upheld, renegotiated, or terminated). Poland currently has over 60 BITs in force, including with all EU Member States save for Ireland…
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…
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
is arguably not supported by a close reading of it. The CJEU did not declare that intra–EU BITs must be terminated (neither was it asked to). The CJEU also did…
Amicus Curiae, Arbitration, Energy Charter Treaty, European Commission, European Law, European Union, Intra-EU BITs
The Future of Intra-EU ECT Claims in the Face of EC Opposition: Boom or Bust?
…of intra–EU BITs, the EC has already experienced some success. Ireland and Italy ended all of their intra–EU BITs in 2012 and 2013, respectively. When other Member States were hesitant…
The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!
European Commission against investor-state arbitration under existing intra–EU BITs, its relentless efforts to push several EU Member States to terminate their intra–EU BITs and the recent public backlash against ISDS…
Achmea, CETA, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS, ISDS Reform
2019: the Year of the Big Harvest!
…of land in parallel and 2019 promises to be the year of the big harvest for the Commission and the Member States. The Intra–EU BITs Regarding the intra–EU BITs…
The Dawn of a New BIT Generation? – The New European Investment Policy
medium and long run the existing member state BITs will be successively replaced by European BITs or investment chapters in FTAs concluded by the EU with third countries (on the…
Slovak Republic v. Achmea: When Politics Came Out to Play
BITs, it effectively renders the 196 intra–EU BITs currently in force impracticable. The investor-state arbitration mechanism is fundamental to a BIT, intra–EU BITs being no different. Investment treaty tribunals constituted…
Arbitration, BIT, Energy Charter Treaty, EU Law, International arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Multilateral Investment Court
The Harvest Report of the First Half of 2019
…decade long relentless campaign to extinguish intra–EU BITs would be successfully concluded. The aim is apparently to terminate all intra–EU BITs by way of a multilateral treaty among the EU…
BIT, European Commission, European Law, European Union, ICSID Convention, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Poland, Sweden
Green Light for Romania to Terminate its Intra-EU Bilateral Investment Treaties
…Netherlands, Romania, Slovakia and Sweden in respect to their Intra–EU BITs. As highlighted by the European Commission, Intra–EU BITs affect the single market by conferring rights to some EU investors…
Achmea, Bosnia and Herzegovina, Treaty, Uncategorized, VCLT, Vienna Convention on the Law of Treaties
Post-Achmea Winds of Change: Opportunities and Perspectives for Bosnia and Herzegovina
most likely to be applied. Best Practices in Intra–EU BIT Termination Any approach to the termination of intra EU–BITs chosen by the BiH government will have to be in…