…Achmea to intra-EU disputes under the ECT, despite the intra-EU issue not formally being relevant to the dispute (see more in this previous post). The European Commission’s proposal for…
…intra-EU objections, and, while intra-EU awards have been annulled and denied enforcement in the EU, they are being enforced in courts outside the EU. According to Professor Bermann, both sides…
…of the TA provisions that terminate Bilateral Investment Treaties (‘intra-EU BITs’) and investor-State dispute settlement (ISDS) among EU Members. It also describes TA provisions regulating concluded, new, and pending arbitration…
…within the European Union, following the Court of Justice of the European Union’s Achmea judgment and subsequent termination of multiple intra-EU bilateral investment treaties. However, David Attanasio (Associate, Dechert LLP;…
…per United Nations Security Council Resolution is one of the grounds of the EU sanctions regime against Russia; and 4) these may carry evidentiary value in potential future investment arbitration…
…and Bahrain have signed three and four BITs respectively. With 34 BITs in force and two signed but not yet in force, Israel falls in the center of BIT activity…
…its initiative to strengthen intra-EU investment protection, the EC has been soliciting views of the European public on strengths or weaknesses of the intra-EU investment protection system. Surely, many different…
…Law of Treaties (“VCLT”). Moreover, the mass culling of the intra-EU BITs, along with their sunset clauses, cleans the slate and aligns intra-EU BIT practice for the majority of EU…
…v Philippines, even those activities that are primarily carried out abroad may satisfy a BIT’s territorial requirements provided the investment’s territorial nexus is the Host State. Accordingly, extraterritorially issues are…
…to withdraw from their BITs, and the EU’s proposal for a multilateral investment court may reflect similar overreactions to investment arbitration. In this context, Professor Luke Nottage quotes Voltaire: “the…
…Asian treaties also contain detailed mechanisms for ISDS mediation, such as the EU-Singapore Investment Protection Agreement (IPA), the EU-Vietnam IPA (both not yet in force), as well as the China-Macau…
…intra-African investment by replacing the existing 171 intra-African BITs with a single treaty that would regulate all intra-African investments. Recent EU agreements with third parties have included a provision noting…
…& Ana Stanic, The Future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment (Kluwer 2020) Viktoriia Tolochko, Ukraine (Prize: Bruno Guandalini,…
…plurilateral treaty for the termination of intra-EU BITs (“Termination Treaty”) in May 2020, the tug-of-war between the EU and the arbitral tribunals continues. This blog post focuses on the most…
…in older generation bilateral investment treaties (BITs). Even where those have provided in advance for the option of ICSID (Convention or Additional Facility) Conciliation Rules, investors have rarely invoked them….
…intra-EU relationships –arbitrators, States and investors must be convinced that London remains an attractive seat. Turning to enforcement, leaving the EU will not significantly affect the application of either the…
…world, and in honing my own writing skills, I have two key bits of advice. First, think big picture. Research involves understanding details and forming evidentiary bases for your ideas….
…& Ana Stanic, The Future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment (Kluwer 2020) Bruno Guandalini, Economic Analysis of the…
Mexico and the EU recently released a draft text of the upcoming EU-Mexico Free Trade Agreement (the “Agreement in Principle”), including its proposed investor-State dispute chapter. As explained in the…
…13 BITs still under discussion. These BITs mirror several provisions of the Model BIT. For example, the Belarus BIT (2018) included most provisions as stipulated in the Model BIT. These…
…myriad of viewpoints on any given issue through the several submissions that I have an opportunity to review and study. One of the most satisfying bits, perhaps, is when the…
…2020 agreement for the termination of intra-EU bilateral investment treaties that followed the above declarations has not provided any further clarity on the future for intra-EU ECT arbitration. Despite the…
…by investors against several EU members in the period 2013-2016. This surge fuelled ongoing discussion on preventing the intra-EU application of investment protection treaties. The withdrawal of Italy added an…
…“standard”. Finally, the arbitrability of corporate issues in the CEE/ Russia/ CIS region is not precisely defined and remains heterogeneous. For instance, while intra-corporate disputes (shareholders’ decisions, shareholders’ exclusion from…
