Arbitral Tribunal, Arbitrator's decision-making, State, Treaty Amendment, Treaty Interpretation, Tribunal duties, VCLT

(WilmerHale)/ /Leave a comment

The lack of a binding effect of a State’s right to interpret treaties has been raised as one of the reasons to reform the current Investor-State Dispute Settlement (“ISDS”) regime. The movement to reform the current ISDS regime led to the UNCITRAL Working Group III discussion (“WG III discussion”), which has been addressed in this…

Achmea, Energy Charter Treaty, Enforceability, Enforcement, ICSID, Intra-EU BITs, Intra-EU Investment Arbitration, USA

(WilmerHale)/ /Leave a comment

After the Court of Justice of the European Union (“CJEU”) rendered the Achmea decision, heated discussions on its impact ensued. Particularly, the concern raised on whether the ICSID proceeding provided 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…