…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:…
…of their next-generation Model BITs and IIAs and have seen first-hand that such considerations are increasingly being brought to the IIA-negotiating table by States as they seek to revise and…
…Defense for Colombia). Kuantyrov enumerated a few challenges that emerging economies such as Kazakhstan face when negotiating BITs with big economic players in relation to leverage and experience. International prejudice…
…of intra-Asian bilateral investment treaties (“BITs”) such as the recent Singapore-Indonesia BIT. On the other hand, the EU is witnessing a steady decline in outbound FDI over the past decade….
…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…
…the Achmea prohibition on EU Member States exercising what are their own rights (in favour of their nationals) to agree to arbitration agreements flowing from inter-EU BITs while there would…
…to the approach taken by several Latin American States concerning their bilateral investment treaties (“BITs”). Some countries have chosen to terminate their BITs or withdraw from the ICSID Convention, such…
…ratified 44 bilateral investment treaties (“BITs”) and signed the European Economic Community-Mongolia Trade Cooperation Agreement and Energy Charter Treaty (“ECT”). The majority of these treaties were signed before 2000, reflecting…
…of inter-se agreement between the EU member states might be needed in order to clearly exclude any intra-EU ECT disputes for the future. However, there is ambiguity regarding whether Member…
…and labour laws, etc.). However, Kaldunski noted a fundamental tension between the RTR and investor protection under Bilateral Investment Treaties (“BITs”). When states assume obligations under BITs, they often find…
…countries to terminate its intra-EU BITs, despite its recent victory in defending the ICSID case brought by Gabriel Resources. This contrasts with Hungary’s approach, which continues to enter into new…
…context of international and EU law, and considers its relevance to the Court of Justice of the EU (“CJEU”) intra-EU commercial arbitration case law. Polish Supreme Court Findings: Unenforceability of…
…Suitable Alternatives for Intra-EU Investors to Enjoy Investment Protection? Ms Fatás Pérez assured the audience that EU courts were a good forum to protect intra-EU investors. She stressed that countries…
…should have some value. Interestingly however, results of certain surveys have shown that market practitioners – such as investors and insurance companies – do not necessarily deem BITs to have…
…Union’s decision in Achmea. The FCJ declined to apply the Achmea rule to BITs concluded between an EU Member State and a third country, and rejected India’s challenge (Beschluss des…
…states’ interests. Mr. Shnookal suggested that there is a need to clarify the substantive provisions in BITs. Mr. Shnookal observed that most of the current substantive provisions are too broad….
…of the intra-EU complexity remain open. Indeed, the intra-EU objection to jurisdiction was raised before some arbitral tribunals in extra-EU cases (see for example, CMC v Mozambique, an extra-EU ICSID…
…resolving investment disputes through alternative dispute resolution mechanisms. With 21 Bilateral Investment Treaties (“BITs”) currently in force, another layer of legal protection is added with the KSA Foreign Investment Law…
…provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain. Before the District Court for…
…of ISDS and respond to the need for investment protection. Meanwhile, Johannes Tropper emphasized the necessity of an inter se modification to eliminate intra-EU arbitration and explored its potential adoption…
…when the (potential) candidate accedes to the EU. This is in line with the CJEU’s ruling in Achmea (C-284/16), deciding that investor-State arbitration under intra-EU BITs is incompatible with EU…
…BIT between Pakistan and Germany of 1959, implicating that BITs cannot be interpreted in isolation from PIL and its principles (Phoenix v Czech Republic, para 9). However, some experts who…
…EU Member States from offering arbitration to an intra-EU investor. He pointed out that many of the EU Member States made arbitration offers before becoming EU Member States. Against this…
…Africa to take stock of its BITs and revise its investment law. Ibid. In 2014, South Africa terminated its BITs with six European countries and in 2015 passed the Protection…
