…follows the Court of Justice of the European Union (“CJEU”)’s recent case law on intra-EU investment arbitration and reaffirms the EU’s approach in relation to the conflict between EU law…
…in bilateral investment treaties between Member States of the European Union (“intra-EU BITs”). In this decision, the CJEU concluded that investor-state arbitration clauses in intra-EU BITs are incompatible with EU…
…between EU countries that allow an investor from an EU country to bring an arbitration claim against another EU country are not compatible with EU law (C-284/16, para. 60). Effectively,…
…capital-exporting countries and corporations at the expense of developing nations. They argued that many developing countries entered into Bilateral Investment Treaties (“BITs”) without fully understanding the consequences, often seeing them…
…Harry Nettlau, Willkie Farr & Gallagher LLP, ITA Reporters for Germany In its Achmea and Komstroy decisions, the Court of Justice of the European Union (‘CJEU’) established that intra-EU arbitration…
…the German Federal Court of Justice in 2023, which deemed several intra-EU ICSID arbitrations under the Energy Charter Treaty inadmissible upon request by the European Member States (a constitutional complaint…
…against intra-EU investment awards (see previous KAB posts here, here and here). It is well known to KAB readers that creditors of intra-EU investment awards persist in their enforcement efforts…
…the dark side, this provision was also relied upon by the German Federal Court of Justice (“BGH”) in its infamous decision declaring that ICSID intra-EU investment arbitrations are inadmissible despite…
…provisions in bilateral investment treaties (“BITs”), considering that the “Global South” would face the imposition of Western norms. How effective is arbitration in solving ESG-related disputes, when BITs are rather…
…2015 article on Italy’s 2014 withdrawal from the ECT and termination of its intra-EU bilateral investment treaties (“BITs”) between 2008-2009, the present author predicted a possible dark fate for the…
…including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. On the AI and data protection sides, the EU’s AI Act…
…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…
…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…
…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…
…for Italy and other EU Member States, EU institutions have taken steps to dismantle the network of bilateral and multi-lateral investment treaties that once offered intra-EU investors the choice of…
…lack of progress with the ECT modernization process. Notably, however, the EU Commission proposed that EU member states should not further block the ECT’s modernization only a few days after…
…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…
On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law….
…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…
…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…
…ICSID Convention allows grounds to challenge awards, and sometimes, States refuse enforcement due to conflicts with other international obligations. Intra-EU awards are a prime example of this. Spain has to…
…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…
…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…
…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…
