You searched for intra-eu bits - Page 14 of 29

ADR, Arbitration Act, Arbitration institution, Law of the Sea, National Arbitration Laws, Philippine Arbitration Convention, Philippines, Recognition and enforcement of arbitral award, Singapore Mediation Convention, South China Sea, UNCITRAL Model Law

The Philippine Arbitration Day: A Barometer of the State of Philippine Arbitration

Jay Patrick Santiago, Sarah Sison/January 24, 2020January 23, 2020 /Leave a comment

…2019, expressly states that the articles of incorporation or by-laws of a corporation may contain an arbitration clause. Intra-corporate disputes are therefore now expressly arbitrable under Philippine law. In addition…

International Court of Justice, ISDS, Precedent

The Role of Precedent in ISDS: Can Decisional Law Contribute to the Creation of Customary Norms?

Rebecca Meyer/January 18, 2020January 20, 2020 /1 Comment

Young ICCA

ISDS is a fragmented field, consisting of a few thousand bilateral investment treaties (“BITs”) and treaties with investment chapters – such as the Energy Charter Treaty (“ECT”) or the North…

2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA

2019 in Review: Latin America and Investment Arbitration

Enrique Jaramillo (Locke Lord LLP)/January 17, 2020January 17, 2020 /Leave a comment

…in recent years, i.e. to concentrate on comprehensive free trade agreements (FTAs) with investment chapters, instead of on BITs. Conclusion The intervention of Colombia’s Constitutional Court aside, 2019 was…

Africa, BIT, Emerging Market Economies, ISDS, South-South Cooperation

The BIT Footprints of Emerging Market Economies in Africa: What Do They Portend for ISDS?

Uche Ewelukwa Ofodile (University of Arkansas School of Law)/January 16, 2020January 17, 2020 /Leave a comment

…at least 32 countries in Africa, China ranks No. 2 (after Germany) in terms of the number of BITs with countries in Africa. Intra-African BITs are also increasing. For example,…

CIICA, Conference, Corruption, CPEC, Pakistan, Power disputes

The Dawn of a New Era for Arbitration in Pakistan? Highlights from the Inaugural Conference of CIICA’s Young Arbitration Group

Dimitrios Katsikis (Shearman & Sterling LLP)/January 14, 2020January 12, 2020 /1 Comment

…that BITs are “here to stay”. This was a view that, Mr Feisal Naqvi, of Bhandari Naqvi Riaz, disagreed with. He argued that BITs do not work for Pakistan because…

Infrastructure, Investment Arbitration, Italy

Investment Arbitrations Ready to Land at Florence Airport?

Danilo Ruggero Di Bella (Bottega Di Bella) and Josep Gálvez (Galvez Pascual SLP)/January 12, 2020January 15, 2020 /2 Comments

…both BITs. Accordingly, both foreign shareholders could avail themselves of the protection under the corresponding BITs made effective through the investor-State arbitration contemplated in both Treaties. Article 2 of both…

2019 In Review, Achmea, European Union, ICSID, Micula

2019 in Review: Investment Arbitration in Europe

Deyan Draguiev (Colibra Insurance)/January 9, 2020January 8, 2020 /Leave a comment

…States have reached agreement on a plurilateral treaty for the termination of all intra-EU bilateral investment treaties (BITs) (“Termination Agreement”). According to the Termination Agreement, all intra-EU BITs, listed as…

Achmea, Energy, Energy Charter Treaty, EU Law, European Union, ISDS

Intra-EU Investment Reform: What Options for the Energy Charter Treaty?

Markus Beham (University of Passau) and Désirée Prantl (Freshfields Bruckhaus Deringer LLP)/January 7, 2020January 16, 2020 /Leave a comment

…EU Member States expressed their intention to terminate all intra-EU BITs by 6 December 2019. While they seem to have reached consensus on the future of intra-EU BITs, Achmea‘s impact…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court

Interviews with Our Editors: The Energy Charter Treaty: Discussing Modernisation and Challenges with Dr. Alejandro Carballo, General Counsel, Energy Charter Treaty Secretariat

Maria Fanou (Associate Editor)/January 4, 2020January 3, 2020 /Leave a comment

…of intra-EU BITs (see for a discussion in our Blog here). The apple of discord (that led to the three different texts) was the applicability of the Achmea-judgement to ECT…

2019 In Review, Arbitration, Kluwer Arbitration Blog

From the Editors of Kluwer Arbitration Blog: 2019

Roger Alford (General Editor) (Notre Dame Law School) and Crina Baltag (Managing Editor) (Stockholm University)/December 25, 2019January 16, 2020 /Leave a comment

…intra-EU BITs. The Energy Charter Treaty was also one of the highlights of the year, not only through the growing number of arbitrations concerning renewable energy, but also with the…

Africa, LCIA-MIAC, MARC, Mauritius, MIAC

The Choice of a Mauritian Arbitral Institution

Bilshan Nursimulu (5 Fifteen Barristers, Mauritius) and Ben Hornan (Hogan Lovells, London)/December 23, 2019January 16, 2020 /Leave a comment

…that is most likely to influence the reference of disputes to regional centres such as the MARC and the MIAC. In that respect, intra-African trade is expected to grow with…

Achmea, Arbitration Awards, Foreign Investment Law, ICSID Convention, International Humanitarian Law, International Investment Arbitration, International Law, International Law Weekend, Investor-State arbitration, ISDS, ISDS Reform

The Collisions of Law and of Fora: Focus on International Dispute Resolution at the 98th Annual International Law Weekend

David Attanasio, Tamar Sarjveladze (Dechert), Diora Ziyaeva (Dentons US LLP), Rocio Monzon (Dentons), and Christina Dumitrescu (McDermott Will & Emery)/December 11, 2019November 20, 2022 /Leave a comment

…during ILW, taking the view that Achmea is relevant to non-EU enforcement courts when investors seek to enforce intra-EU BIT awards outside of the EU. For example, he noted that…

Achmea, Energy Charter Treaty, European Law, Intra-EU BITs, Intra-EU ISDS, Investment Arbitration, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

Celebrating 50 Years of the VCLT: Interpretation of Investment Treaties: VCLT At Play In The Vattenfall Award on Jurisdiction

Deyan Draguiev (Colibra Insurance)/December 7, 2019December 5, 2019 /Leave a comment

…some “intra-EU” disputes and another set of different obligations applicable to other disputes. This would bring uncertainty and entail the fragmentation of the meaning and application of treaty provisions and…

International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

Celebrating 50 Years of the VCLT: Investment Arbitration’s Resurrection of the Principle of Contemporaneity as a Trojan Horse for Subjective Treaty Interpretation

Julian Wyatt (Proxenia Legal)/December 5, 2019September 8, 2022 /Leave a comment

…asserted that the principle required the tribunal “to appreciate whether Turkey and Turkmenistan intended the term ‘treatment’ to cover the BIT’s DRPs”. When, in the subsequent Garanti Koza arbitration, Turkmenistan…

Decision Making, ICSID Arbitration, International Law, Investment agreements, Investment Arbitration, Investment Treaties, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

Celebrating 50 Years of the VCLT: An Introduction

Esmé Shirlow (Associate Editor) (Australian National University) and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/December 2, 2019January 16, 2020 /Leave a comment

…has often played a pivotal role in the resolution of a range of issues. This includes, inter alia: the validity of intra-EU BITs in light of Article 59 of the…

Achmea, Arbitration, BIT, European Law, International arbitration, Intra-EU BITs, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investor-State arbitration, Sunset clauses

The EU Plurilateral Draft Termination Agreement for All Intra-EU BITs: An End of the Post-Achmea Saga and the Beginning of a New One

Nikos Lavranos (NL-Investmentconsulting)/December 1, 2019November 30, 2019 /Leave a comment

…clause contained in intra-EU BITs is incompatible with EU law, which effectively put an end to the intra-EU BITs (more KAB posts on the interim developments regarding intra-EU BITs can…

Africa, Investment, Investment agreements, Investment Arbitration, Investment law

The New Ivorian Investment Code: Tinkering with an Imperfect System or Pioneering a Path?

Jonathan Ripley-Evans (Herbert Smith Freehills) and Jenalee Harrison, Marie Terrien/November 30, 2019January 16, 2020 /Leave a comment

…to ICSID arbitration. Rather than resorting to drastic measures such as the outright termination of BITs or the renunciation of all forms of investor-state arbitration, the 2018 Code seeks to…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 36, Issue 6, 2019

Maxi Scherer (WilmerHale & Queen Mary University of London)/November 28, 2019December 19, 2019 /Leave a comment

…in Nigeria recommended the co-existence of a federal arbitration law (dealing with arbitration arising from international and inter-state transactions) and state arbitration laws (dealing with arbitration arising from intra-state transactions)….

Accountability, Dispute Resolution, Exhaustion of Local Remedies, Investor-State arbitration, Pakistan, Prevention

Pakistan’s Woes with Foreign Investors – Ways to Prevent the Tethyan Saga

Ahmad Ghouri (University of Sussex, University of Turku)/November 18, 2019November 14, 2019 /2 Comments

…put at risk. In such circumstances, investment arbitration under the existing BITs is the only neutral and effective remedy left for foreign investors. Instead of terminating the existing BITs, the…

Bank resolution, BIT, European Union, Investment Arbitration, Mexico, Spain

Does Investment Arbitration Threaten the Effectiveness and Integrity of EU Bank Resolution?

Dimitrios Andriopoulos (Shearman & Sterling LLP) and Ioannis G. Asimakopoulos (University of Luxembourg)/October 29, 2019October 28, 2019 /Leave a comment

…the international dispute settlement provisions in the Netherlands-Slovakia BIT to be incompatible with EU law, intra-EU investor-state arbitration is now precluded under EU law. This was reaffirmed in the CJEU’s…

Africa, Arbitral seat, Arbitral Tribunal, Availability of arbitrators, Conference, Dispute Resolution

Watch Out, Africa is Here! – The East African International Arbitration Conference 2019

Sadaff Habib (Equanimity Arbitration)/October 29, 2019October 28, 2019 /Leave a comment

…sectors and to support trade you need infrastructure. Key barriers to investment include: Intra Africa trade is minimal as there is more trading outside the continent than inside. Most African…

Full Protection and Security, ICSID, Investment, Investment Arbitration, Investment protection

Same Concept, Different Interpretation: The Full Protection and Security Standard in Practice

Omar Moussly/October 27, 2019October 27, 2019 /Leave a comment

…protection of investment section in BITs. However, different BITs use different wording to express the same concept. For example, Article 4.1 of the Argentine Republic – Japan BIT expresses the…

Climate change, HK Arbitration Week, Hong Kong, Investment, Sustainability

Hong Kong Arbitration Week Recap: Is Arbitration Sustainable?

Felicia Cheng, Dominique Yong (Clifford Chance)/October 24, 2019October 24, 2019 /Leave a comment

HK45

…investment arbitration is to blame for regulatory chill, and a general sentiment of anti-globalisation as well as opposition to trade deals. In addition, the status of intra-EU investment law remains…

AfCFTA, Africa, Arbitral seat, Arbitration Agreement, Arbitration Proceedings, Insolvency, International arbitration, Investment Arbitration, Investor-State arbitration

Vedanta Resources v Zambian State Mining Company ZCCM-IH: Does Anyone Win?

Sadaff Habib (Equanimity Arbitration) and Abdul Jinadu (Keating Chambers)/October 8, 2019October 6, 2019 /Leave a comment

…effort to attract FDI. Bilateral Investment Treaties (BITs) were a central plank in this effort.1)It is difficult to be definitive as to the number of BITs which Zambia has signed…