…the implications it holds for the future of intra-EU investor-state arbitration. Background The Decision is part of a broader policy movement within the EU against intra-EU investor-state dispute settlement….
…ICSID arbitral tribunals’ decisions (ESF v. Spain and Sapec v. Spain), which for the first time, have accepted the intra-EU law objection, thus declining their jurisdiction in intra-EU ECT disputes….
…conclusion of intra-Asian bilateral investment treaties (“BITs”) such as the Singapore-Indonesia BIT. The increase has also been supported by China’s and Japan’s foreign direct investment (“FDI”) outflows, which have surged…
…ever since, the post-Achmea effects have echoed over the years through EU policies, jurisprudence on intra-EU and non-EU ISDS cases, and in courtrooms where enforcement proceedings for intra-EU awards unfold….
…Second, the case underscores the fact that BITs can have serious impact on domestic policymaking and that States must pay very careful attention to the international investment agreements that they…
…State in a way that contravenes the standards of protection of BITs. At a more theoretical level, this understanding seems to point to lawmaking capabilities of judicial organs, something the…
…arbitration requires weighing financial exposure, reputational risk, and the broader political context of intra-EU investment disputes. Cases like KELAG’s raise the question: are ESG initiatives genuine tools for accountability and…
…arbitrations as involving identical causes of action. The two treaties—Croatia-Netherlands and Croatia-Israel BITs—certainly contain similar language; but does similarity of wording amount to identity of obligation? The Vienna Convention on…
…EU Member States issued a declaration declaring all intra-EU BITs “inapplicable,” including their sunset clauses, and the Netherlands subsequently declared the Poland-Netherlands BIT terminated. In May 2020, 23 out of…
…agreements (“BITs”). He responded by saying that “South Africa’s BITs are poorly drafted and exhibit a range of serious flaws.” Similar sentiments were echoed in 2017 by then India’s minister…
…is contracting party. MFN Clauses in Ukrainian Investment Treaties According to the UNCTAD’s Investment Policy Hub, Ukraine concluded seventy-eight bilateral investment treaties (“BITs”), sixty-five of which are in force….
…will. In light of the above, it is worthwhile to consider what protections investors in Botswana and in the wider region have at their disposal. Bilateral Investment Treaties (“BITs”)…
…Chinese BITs, limits the scope of investment treaty arbitration to disputes “concerning an amount of compensation”. In previous cases, arbitral tribunals have reached different conclusions as to whether disputes concerning…
…driven (on intra-African arbitration, see, e.g., SOAS 2024 Report, at p. 7). Rather, they should reflect local needs, commercial realities, and legal traditions. This is especially important in matters involving…
…the region, alongside development of Model BITs reflecting the country’s negotiating position. Diora Ziyaeva shifted focus to Uzbekistan’s evolving arbitration framework. With mediation gaining traction, new questions surface—like the availability…
…corruption or other unlawful conduct can significantly affect the outcome. She identified key stages where such findings are particularly impactful: (i) the jurisdictional stage, especially when BITs require investments to…
…creates a repository for Bilateral Investment Treaties (BITs) (paragraph 12) to protect Nigeria’s interests in this area. Promotion of ADR and a Judicial Culture of Support: The Policy promotes the…
…some policy considerations when determining whether to enforce intra-EU investor-state awards. Javier García Olmedo & Yael Ribco Borman, Anti-enforcement Actions and the Assignment of Intra-EU Awards The assignment of…
…Hungary, Iran, Monaco, Nigeria, Russia, Ukraine, and, for the first time, Georgia and Nepal. The decisions cover a range of issues, including applicable law, bankruptcy and insolvency, due process, intra-EU…
…case that intra-EU arbitration is incompatible with EU law, States in intra-EU arbitrations have raised the Achmea decision as a barrier to arbitral jurisdiction and, often, to the enforcement of…
…did not have jurisdiction over disputes between an investor domiciled in an EU Member State and another EU Member State concerning investments made in the latter’s territory (intra-EU). The arbitral…
…Member States’ Diverging Declarations on the Intra-EU Applicability of the ECT The day before notifying its withdrawal from the ECT, the EU, along with 26 member states, signed a declaration…
…(but only in the preamble) Yes (but only voluntary promotion of applicable investments) EU–Kyrgyzstan EPCA (trade / investment chapters only) Yes (including specific mention of several international human rights instruments)…
…no intra-EU claim can be lodged under the ECT sunset clause, in accordance with the rulings of the Court of Justice of the EU (“CJEU”) in Komstroy and Opinion 1/20,…
