Search Results for: intra-eu bits

Eastern Europe, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, EU Withdrawal Act, European Union, Hungary, Intra-EU Investment Arbitration

(ESSEC Business School, Paris; Paragon Advocacy) and (Permanent Representation of Hungary to the European Union)/ /Leave a comment

…ECT’s survival clause for future intra-EU disputes. At the same time, possibly due to pressure from certain EU Member States facing pending intra-EU ECT arbitrations, the text of the Majority…

Arbitration Proceedings, Bucharest, Commercial Arbitration, Conference, IBA Guidelines on Conflicts of Interest, Intra-EU Investment Arbitration, ISDS Reform, Romania, Uncategorized

and (Sciences Po; Brigantia Law)/ /Leave a comment

…The EU’s position is that EU law protects intra-EU investors to a more satisfactory degree. Thus, the YRAP put this issue to formal debate. According to the pro-EU side, considering…

Anti-enforcement Injunction, Energy Charter Treaty, Enforcement, Germany, Injunction, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Spain

(University of Cologne (International Investment Law Centre))/ /Leave a comment

…and an EU member state (“intra-EU awards”) outside the EU, after the Court of Justice of the European Union (“CJEU”) has blocked the enforcement of such awards within the EU…

foreign direct investment, Foreign Investment, Free Trade Agreements, India, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor duties, Investor-State arbitration, ISDS, Protection, State-State Dispute Settlement, State-to-state arbitration

(Jindal Global Law School)/ /Leave a comment

…investors, India, a few years ago, unilaterally terminated most of its bilateral investment treaties (“BITs”) that contained ISDS provisions. The unilateral termination of BITs has adversely impacted foreign investment inflows…

Conference, ECT Modernisation, Energy Charter Treaty, England, English Arbitration Act, English courts, English Law, EU Law, Europe, European Court of Justice, LIDW 2024, UK

(Bucerius Law School), (Avizor Advocates & Arbitrators), (BonelliErede), and (Squire Patton Boggs)/ /Leave a comment

…investment awards, particularly intra-EU awards. This trend began after the CJEU issued a series of decisions effectively finding intra-EU awards to be incompatible with EU law (e.g., Achmea and PL…

Climate change, ECT Withdrawal, Energy Charter Treaty, European Convention on Human Rights, LIDW 2024

, / /Leave a comment

…alternative treaties, ideally involving non-EU member states, given the growing limitations on intra-EU BITs due to the CJEU’s Achmea judgment (covered, here), which has significantly impacted the enforceability of intra-EU…

Arbitration, Energy, Energy Charter Treaty, Energy Dispute, EU Law, European Law, Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Investor-state tribunals, Italy, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, Renewable energy

(Università degli Studi di Trento)/ /Leave a comment

…EU investors and Member States (recently discussed here).   Factual Background The proceeding at hand features all usual ingredients of intra-EU disputes based on the ECT: it faces some EU…

Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration

, (Clifford Chance)/ /Leave a comment

…Moving forward, Scherpf delved into the decision of the German Federal Court of Justice of 27 July 2023, which declared an intra-EU ICSID proceeding inadmissible before the constitution of the…

Climate change, Environment, ESG, Investment Disputes, Investment protection, Investor-State arbitration, Investor-state tribunals, Sustainability, Sustainable economy

, , (King & Wood Mallesons)/ /Leave a comment

…many treaties do not expressly define “property.” Switzerland’s bilateral investment treaties (“BITs”) are apt to consider for this issue given the Swiss ETS and the EU ETS are linked. “Movable…

European Investment Law and Arbitration Review

(School of International Arbitration, Queen Mary University of London (QMUL)) and (NL-Investmentconsulting)/ /Leave a comment

…focuses on the interaction between human rights and investment protection and the role of the European Court of Human Rights (ECtHR) in the enforcement of intra-EU BITs within the EU:…

CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

…finally to the U.S. approach on the enforcement of annulled awards.   Enforcement of Intra-EU Awards Sebastiano Nessi opened the floor by addressing the enforcement of intra-EU awards in and…