…accession” (§84). It was merely the enforcement of a right that had arose in 2005, when Romania repealed the relevant incentives. With respect to the intra-EU aspect of the applicable…
…for intra and extra regional agreement disputes, while it is negotiating a new treaty with the EU. Seeking to Speak With a Single Voice? It is not just a…
…decade long relentless campaign to extinguish intra-EU BITs would be successfully concluded. The aim is apparently to terminate all intra-EU BITs by way of a multilateral treaty among the EU…
…that Morocco ranks second (after Egypt) in Africa with regards to the number of BITs in force, as it has 50 BITs. Concerning commercial arbitrations, Morocco is a contracting state…
…oblige states to destroy foreign investments. Dr. Braun then turned to the meaning of the term “necessity” in BITs as compared to the concept of military necessity in IHL and…
…Uzbekistan has more than 40 BITs currently in force and is a party to several treaties with investment provisions. This is separate from its interest in supporting the development and…
…of treaty practice. As compared to other model BITs which contained no reference to the environment, the latter is now expressly included and needs to be taken into account when…
…and effectively in order to be accorded a fair tax treatment and avoid legal uncertainty. EU’s Inconsistent Take on Arbitration Agreements in Intra-EU BITs in Light of Intra-EU DTTs Arbitrations…
…effects of the Achmea decision on the non-compatibility of arbitration clauses contained in intra-EU Bilateral Investment Treaties with EU law (Court of Justice of the European Union (CJEU) Case C-284/16)…
…for the steps EU Member States should take in the future of intra-EU investment law and ISDS. He also stressed that the Declaration is not retroactive, irrespective of if one…
…and bilateral investment agreements (“BITs”) containing an arbitration clause. The first and most iconic treaty was the North American Free Trade Agreement (“NAFTA”) from 1994, which entered into force immediately…
…Court further distinguishes CETA from intra-EU BITs by highlighting that the principle of mutual trust, which was at the core of its decision in Achmea, is not applicable to the…
…around 5 years since Indonesia announced its policy to “terminate” its bilateral investment treaties (“BITs“). This was spurred by Indonesia’s concern that it has been pressured by multinational companies, which…
…levels of intra-Commonwealth trade and foreign direct investment (FDI). Indeed, despite being a voluntary association and not a trading bloc, the value of intra-Commonwealth trade in goods and services is…
…precluded intra-EU investment arbitrations because they may undermine the full effectiveness of the autonomy of EU law, ensured by Articles 267 and 344 of the TFEU. This situation begs a…
…test case for the EU Commission assault on Intra-EU BITs as incompatible with EU law.3) Some of the legal and practical issues arising out of this conflict between EU Law…
…below. The Supreme Court rejected MHC’s contentions. Analysis Article V(1)(c) of the New York Convention In Mabuhay, the jurisdictional issue was whether the dispute referred to arbitration is an intra-corporate…
…jurisdiction of the Tribunals for intra-EU ISDS could be reanalyzed and if, applying the International Custom, there was not mutual consent for intra-EU ISDS, there might be a ground for…
…They were asked to share their insights about some recent events related to Russia, including the challenges of investing under Soviet-era BITs, the Yukos award, and the possible effects of…
…intra-institution regulation, should form the attitude of the tribunal towards such illegally obtained evidence as well. The parties to the proceedings should be provided with the procedure shaped in accordance…
…the need for a similar instrument in the realm of investment arbitration. The article subsequently discusses existing consolidation mechanisms of NAFTA, certain BITs and newer trade agreements (CETA, TTIP and…
…inapplicable between EU Member States and have expressed their intention to terminate intra-EU BITs. In line with the European Commission, Member States also consider that EU law sufficiently protect cross-border…
…Law in 2011 was also commented, which allows the arbitrability of intra-companies disputes, better known as statutory or corporate arbitration. It was also highlighted that according to the results of…
…Contracting Party to an array of BITs, all containing a FET clause safeguarding investors’ legitimate expectations. Hence, awaiting the adoption of the new Plan, investors have the time to rearrange…
