…implement any such Agreement. Furthermore, she touched upon the topic of termination of intra-EU BITs, and in particular, she made reference to the October 2020 infringement proceedings started by the…
…Brazil has not yet signed the ICSID Convention, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) or BITs with investor-state dispute settlement mechanisms. Unlike the vast majority of countries,…
Many have long feared that the end of intra-EU BIT arbitration brought about by Achmea would soon be followed by the end of contract-based intra-EU ISDS. Although Advocate General (AG)…
…unwillingly – concluded an agreement on the termination of their 190 intra-EU investment agreements in order to comply with the CJEU ruling. Intra-EU investment arbitration, nonetheless, remains possible under the…
…have to arbitration under bilateral investment treaties (BITs) or international investment agreements (IIAs) for infringements of such rights? Particularly for the African indigenous communities whose traditional knowledge rights have been…
…the ECT arbitration provisions within the EU. This could even also potentially affect the recognition and enforcement of already rendered intra-EU ECT awards – at least within the EU. In…
…not apply to intra-EU disputes, which it has made known in multiple interventions before arbitral tribunals and courts. The EU expects that this view will soon be confirmed by the…
…White Industries. In the following years, the cancellation of telecom licences led to several claims under various BITs. In 2014, the government was replaced, and the new government decided to…
…advised that the ECJ extends Achmea onto intra-EU ECT proceedings. Still, notwithstanding a possible future EU-wide consensus to exclude ECT from serving as a basis for intra-EU arbitrations, arbitral awards…
…preference to submit disputes to the AfCFTA DSB. The possibility of this happening is likely as the number of intra-African BITs are increasing. For example, Morocco has concluded BITs with…
…BITs, many of which were negotiated post-Communist revolution with Eastern European countries such as Poland, Hungary, Romania, Bulgaria, Croatia, Lithuania, and the Czech Republic, where there is a significant amount…
…the dawn of the new decade to usher in a new era of BITs. The BIT is noteworthy for its departure from the widely used investor-state arbitration mechanism in favor…
…the focus for many African policymakers. The lessons learned from the European Union (EU) and intra-EU BITs has shown that increased integration creates a need for more harmonisation. This round…
…under Singapore law. Joséphine Hage Chahine, UN and EU Sanctions Versus US Sanctions: Two Different Yardsticks Commentary on the Decision of the Paris Court of Appeal (International Commercial Chamber)…
…of African counsel, and for the appointment of African arbitrators in international disputes. Thirdly, there is more intra-Africa collaboration, especially between the younger generation of lawyers. These pan-African exchanges can…
…international arena, concluding treaties with a direct impact on international disputes (USMCA, ICSID, EU-Mexico FTA). How do you think these measures will change the arbitration landscape in Mexico and what…
…The BITs concluded by the UK with EU member states and the enforcement of intra-EU BIT awards in the UK The TCA leaves unresolved the fate of the BITs concluded…
…effectively means is that investors may be able to access the Arab Investment Court through one of the many Intra-Arab BITs rather than relying upon the Arab Investment Treaty. Indeed,…
…not contain ISDS or rules on indirect expropriation. Instead, the India-Brazil BIT rather adopts the Brazilian approach to BITs which “brings dispute prevention to the center stage with the adversarial…
…Micula cases; the Treaty for the termination of the intra-EU BITs entered into force on 29 August 2020; the ongoing modernisation of the Energy Charter Treaty (ECT), including the latest…
…the Agreement to terminate intra-EU BITs, whereby, according to our contributor, the Commission and most EU Member State are testing the principle of good faith under international law. This development…
…Delhi) opened the discussion by noting that several recent Bilateral Investment Treaties (‘BITs’) have included SSDS as the sole mechanism for resolution of investment disputes. However, this extreme approach is…
…stated that, while there has been progress in the drafting of new generation BITs (see the Morocco-Nigeria BIT providing for “investors and investments shall uphold human rights in the host…
…January 2019 that Achmea concerns only intra-EU BITs and not any pending or future intra-EU ECT claims. The Advocate General’s Opinion does not provide clarity Given the uncertainty regarding…
