Intra-EU BIT’s

Achmea, Domestic Courts, International Investment Arbitration, International Investment Law, Intra-EU BIT's, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investment Disputes, National Courts, PL Holdings

, (Fieldfisher)/ /1 Comment

In a recent decision (the “Decision“), the Amsterdam Court of Appeal (Gerechtshof Amsterdam) (the “Court”) ordered the claimant in an UNCITRAL arbitration brought against Poland under an intra-EU Bilateral Investment Treaty (“BIT“) to cooperate in terminating an arbitration, subject to a hefty daily penalty. Although there have been many court decisions addressing the enforcement of…

Arbitration, Arbitration Agreement, EU Law, Europe, Immunity, Intra-EU BIT's, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Reform

(University of Passau) and (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

Whenever litigating against states or sovereign entities – or international organisations for that matter – outside of their home jurisdiction there is a roadblock to consider: immunities. On closer inspection, immunities turn out as two roadblocks: immunity from jurisdiction and immunity from enforcement. Whereas the general assumption is that an agreement to arbitrate waives immunity…

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

(Iordache Partners)/ /Leave a comment

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…