…a continental level. Out of 2971 BITs signed worldwide, 994 involve an African State and 194 are intra-Africa States. For instance, the Morocco-Nigeria BIT signed on 3 December 2016 is…
…Tribunal under CETA and EUVFTA The Achmea ruling confirms that intra-EU BITs are incompatible with EU law while its effects reverberate to agreements entered by the EU with third countries….
…2018, all Bilateral Investment Treaties (BITs) between Ecuador and other states officially expired. Due to their survival clauses, they continue to protect certain pre-existing investments for a number of years…
…intra-EU BITs. Despite the criticism, arbitration remains the preferred method of dispute resolution for international commercial disputes, as shown by the overwhelming majority of respondents in the International Arbitration Survey…
…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…
…(BITs) and Multilateral Investment Treaties (MITs) in the Middle East. Impact of the Qatari Blockade on Investment Arbitration and Inter-State Arbitration in the Middle East Qatar ratified the 1907…
…between investors from a Member States of the EU and another Member States of the EU. Given the primacy of Union law, that clause, if interpreted as applying intra-EU, is…
…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…
…dissenting minority advocating for a more restrained interpretation of the scope of application of the relevant bilateral investment treaties (“BITs”). The first hearing, held on 16 October 2018, concerned two…
…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…
…to the Rule of Law in the preamble. So does the Austrian model or the Swiss Confederation-China FTA. More ambitious is the EU-Korea and EU-Vietnam Framework Agreement (RoL constitutes “an…
…the country signed five new Bilateral Investment Treaties (“BITs”). With these, it would seem like the country is opening up and attracting foreign investors. However, since the new government came…
…the Intra-EU BIT Sky” by Clément Fouchard and Marc Krestin from Linklaters in the post published the next day after the judgment was issued; the final report of the ICCA-QMUL…
…v Achmea (Case C-284/16) the institutions of the EU and arbitral tribunals constituted under the Energy Charter Treaty (ECT) and intra-EU BITs are at loggerheads. As far as the CJEU…
…a rationale similar to the one in Latin America. This trend culminates in the Achmea decision, where the CJEU annulled consent of an intra-EU BIT, on the basis of the…
The Court of Justice of the European Union’s (CJEU) judgment in Slovak Republic v. Achmea B.V. (Achmea) on arbitration under intra-EU BITs has been broadly discussed (on this blog, see…
…has signed BITs with 84 countries. Now, the reason why India had entered into BITs with other countries was because India wanted to attract foreign investment. The early 90s was…
…the famous Achmea decision by the EU Court of Justice earlier this year lent support to opponents of ISA (see Kluwer Articles here, here, here and here). Indeed, in Sir…
…that the Achmea judgment renders intra-EU investor-state arbitration illegal under EU law. Clearly Spain is shielding its position by using the Achmea ruling to avoid enforcement of awards before any…
…into BITs or which are pulling out of the ITA regime. For instance, Venezuela and Ecuador denounced the ICSID Convention. PRI and ITA, as remedies, provide comparable but distinct advantages…
…the BIT and whether the BIT covers investments made in Ukraine before the annexation. Russia – Ukraine BIT’s application to a de facto state territory The Crimea cases involve…
…in a range of geographic locations and with a current emphasis on South American related and intra-EU disputes. She has acted and participated in international arbitrations conducted under the ICC,…
…under the Chilean PPA, only the State can submit the claim to arbitration. In addition, the Chilean CFIA does not contain an umbrella clause, in contrast to some BITs, meaning…
…this situation, and depending on the definition of “protected investment” in BITs potentially applicable to the dispute, an investor could make a colourable case that their crypto asset is indeed…
