EU Withdrawal Act

Achmea, Enforcement, English courts, EU Withdrawal Act, Intra-EU BITs, Intra-EU ISDS, Investment Arbitration, UK, UK Supreme Court

(E&A Law Limited)/ /1 Comment

In its unanimous decision in the Micula case the UK Supreme Court on 19 February 2020 made clear that ICSID arbitral awards rendered by tribunals established pursuant to intra-EU BITs could be enforced in the UK. As explained by Guillaume Croisant in his blog post on 20 February, the UK Supreme Court overruled the Court…

Brexit, EU Withdrawal Act, European Law, European Union, Intra-EU BIT's, Micula

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Introduction It has by now become amply clear that nothing truly prepares the jurist for an analytical maze run of predicting the effects of Brexit. In some way, it reminds one of “Nebel des Krieges”, the “fog of war” faced by military decision makers once on the battlefield. The best you can hope for is…