Intra-EU Investment Arbitration

International Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Sunset clauses

(WAGNER Arbitration)/ /Leave a comment

The long-awaited Agreement to terminate intra-EU BITs (bilateral investment treaties) was signed on 5 May 2020 (the “Termination Agreement”). According to the European Commission, the Termination Agreement “implements the March 2018 European Court of Justice judgment (Achmea case), where the Court found that investor-State arbitration clauses in [intra-EU BITs] are incompatible with EU Treaties.” The…

Achmea, European Convention on Human Rights, European Court of Human Rights, ICSID, Intra-EU BITs, Intra-EU Investment Arbitration, Investment Arbitration

(delegaltessen) and (Stampa Abogados)/ /Leave a comment

The aftermath of Achmea Since the judgment of the Court of Justice of the European Union (CJEU) in Achmea, defending EU Member States and the European Commission have questioned the validity of the application of the investment arbitration clause in the Energy Charter Treaty (ECT) to intra-EU disputes. Although the motions to challenge jurisdiction on…

Enforcement, ICSID, Intra-EU Investment Arbitration, Investment, Micula, UK Supreme Court

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In a decision likely to enthuse investors willing to enforce intra-EU ICSID awards in the UK, the UK Supreme Court unanimously held yesterday that the UK’s enforcement obligations under the ICSID Convention could not be affected by the EU duty of sincere co-operation (in this case, the question of whether the award obtained by the…

Achmea, Energy Charter Treaty, Intra-EU Investment Arbitration, Investment Arbitration

(Vavrovsky Heine Marth)/ /Leave a comment

The tendency of arbitral tribunals constituted under the Energy Charter Treaty (ECT) to reject intra-EU jurisdictional objections, despite contrary views expressed by most EU member states, was recently continued in the case of Landesbank Baden-Württemberg (LBBW) and others v. Kingdom of Spain (ICSID Case No. ARB/15/45).1)Decision on the Intra-EU Jurisdictional Objection, dated 25 February 2019,…

Arbitration, BIT, Energy Charter Treaty, EU Law, International arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Multilateral Investment Court

(NL-Investmentconsulting)/ /Leave a comment

The regular readers of the Kluwer Arbitration Blog will recall my blog at the beginning of this year in which I predicted that 2019 would be the ‘Year of the big Harvest’ for the European Commission regarding its efforts to permanently change the landscape of international investment law and arbitration. This posts will review the…

Arbitration, BIT, Double taxation, Intra-EU Investment Arbitration, Tax

(Bottega Di Bella)/ /Leave a comment

This post aims at highlighting an inconsistency in the law of the European Union (“EU”) in regards to the comparison of the treatment of Bilateral Investment Treaties (“BITs”) and Double Taxation Treaties (“DTTs”) concluded between EU Member States. The inconsistency lies in the diametrically different approaches adopted by EU law and its institutions (“EU Institutions”)…

Achmea, Brexit, Intra-EU Investment Arbitration

(Bottega Di Bella) and (Galvez Pascual SLP)/ /Leave a comment

Introduction The approaching BREXIT, in conjunction with the recent Svea Court of Appeal‘s decision upholding largely an intra-European Union (EU) Stockholm Chamber of Commerce (SCC) award against Poland, provides the opportunity to further discuss the ramifications of the preliminary ruling by the Court of Justice of the EU (CJEU) in the Achmea case (Case C-284/16)….