Beyond USMCA: ISDS à la carte
…the EU Whereas the EU has successfully imposed its ICS proposal on Canada, Singapore, Vietnam and Mexico in its FTAs, thereby effectively making the ICS the blueprint for all its…
Search Results for: intra-eu bits
The Contents of Asian International Arbitration Journal, Volume 14, Issue 1, 2018
…are adequately addressed. Elizabeth Wu and Lawrence Boo, Of Moving Frontiers And Notes Verbales: Ascertaining The Intentions Of State Parties In Bits The 1969 Vienna Convention on the Law…
BIT, ICSID Arbitration, ICSID Convention, India, Jurisdiction, kompetenz-kompetenz, Parallel Proceedings
State Courts and BIT Arbitrations: Cautious Optimism in the Vodafone v. India Saga?
…appropriate authority to decide on the question of abuse of process caused by a multiplicity of proceedings under different BITs. Three related questions were adjudicated upon by the Court: (1)…
Achmea, Arbitration, BIT, European Union, Investment Arbitration, Principle of proportionality, Slovakia
Slovak Republic v. Achmea: A Disproportionate Judgment?
…autonomy of EU law, and it has dramatically damaging consequences for intra-EU investment arbitration? Potential Consequences for Intra-EU Arbitration if the Achmea Judgment is Disproportionate The CJEU judgment cannot be…
Brazil, CFIA, Development, foreign direct investment, Investment agreements, Investment law, Latin America
Cooperation and Facilitation Investment Agreements in Brazil: The Path for Host State Development
…Mozambique). Following this same protection model, Brazil has also entered into two treaties with investment provisions: the Economic and Trade Expansion Agreement with Peru and the Intra-Mercosur Investment Facilitation Protocol….
Arbitration, Arbitration Proceedings, ICSID, ICSID Arbitration, ICSID Convention, Investment Arbitration, Mediation, Negotiation
Commercial Diplomacy as a Ways Forward to Resolving Disputes When They Arise in International Trade
…away with it.1) Marike Paulsson, Kluwer Arbitration Blog: “Revisiting the Idea of ISDS within the EU and an arbitration court: the effect on party autonomy as the main pillar of…
Why Lawyers from Civil Law Jurisdictions Do Not Need the Prague Rules
…arbitration practices by setting out different standards for “intra-civil law” disputes. This is unfortunate because the convergence of arbitration practices leads to the increased predictability of the tribunals’ behaviour, and…
The Africanisation of Rule-Making in International Investment Arbitration
…for African States to replace intra-African BITs or regional investment instruments with the PAIC; – focusing on facilitation of foreign investment, and not only its protection. Importantly, investments which are…
SOAS Arbitration in Africa Survey Report 2018
…international arena than in the domestic arena. Our survey did not capture the percentage that act in these capacities in intra-Africa disputes. However, with the growth of intra-Africa trade, increase…
Another One BIT the Dust: Is the Netherlands’ Termination of Intra-EU Treaties the Latest Symptom of a Backlash Against Investor-State Arbitration?
…contained in the ECT. The Writing Is on the Wall for Remaining Intra-EU BITs There are over 190 intra-EU BITs. Many of these were agreed in the 1990s, before the…
Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
The Investor-State Dispute Settlement System: The Road To Overcoming Criticism
…Achmea case. Pioneer steps have already been taken in several BITs towards the creation of permanent investment bodies with notably, Chapter 8, Section F of the EU-Canada Comprehensive Economic and…
Will Mexico Lead The Next Wave of Investment Arbitration Claims?
…the EU have been implemented. A good example is the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA”). CETA’s negotiation began in June 2007 at the EU-Canada…
Third Party Funding in Investment Arbitration: Time to Change Double Standards Employed for Awarding Security for Costs?
…of the funder’s commitment towards adverse costs liability. A similar provision can be found in newer generation BITs like the Iran-Slovakia BIT [Article 21(6)] which expressly provides for the circumstances…
Environment, Human Rights, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS
Human Rights and Environmental Disputes in International Arbitration
…system,2) See, (i) the new generation of IIAs, in particular the FTAs signed by the EU, but also the new models of BITs; (ii) the amendment process of the ICSID…
New Model BIT proposed by Ecuador: Is the Cure Worse than the Disease?
Like a chronicle of a death foretold, the systematic denunciation by Ecuador of the Bilateral Investment Treaties (“BITs”) signed with various states formally began in 2009. Although, the origin of…
The Future of Investment Arbitration in Europe: AIA Conference, June 2018
…The first panel of the conference discussed the possible fate of intra-EU BITs after the Achmea judgment and canvassed the options available to investors for the enforcement of their rights….
Achmea, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, BIT, CJEU, European Commission, European Law, European Union, International arbitration, Investment Arbitration
A Rollercoaster: The First Half of the Year 2018 for BITs and ISDS
…not declare that all ISDS provisions in intra-EU BITs are incompatible with EU law, but focused only on the particular one in the Netherlands-Slovak BIT, which was at issue in…
Damages, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment Treaties, Investor, Investor-State arbitration, ISDS
Ninth Investment Arbitration Forum: Valuation of Damages in Changing Economic and Political Circumstances
…experts under the moderation of Adriana San Román. Addressing the EU’s Renewable Energy Source (RES), Anton Garcia (Compass Lexecon) mentioned that in order to achieve the EU’s RES deployment, Member…
Slovak Republic v. Achmea: When Politics Came Out to Play
…BITs, it effectively renders the 196 intra-EU BITs currently in force impracticable. The investor-state arbitration mechanism is fundamental to a BIT, intra-EU BITs being no different. Investment treaty tribunals constituted…
Achmea, BIT, ECJ, Europe, European Law, European Union, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
Brace for Impact? Examining the reach of Achmea v Slovakia
…of the Achmea decision on all Intra-EU BITs might be premature. Whilst a considerable number of Intra-EU BITs indeed refer to domestic or national laws of contracting states, and in…
Arbitration under the Lebanese Public Private Partnership Law
…Lebanon. 4. Existing BITs and trade agreements Lebanon’s substantial investment protection is finally fully efficient since an authorization by the executive power is no longer required to allow conducting an…
Arbitral Decision-Making: An Issue of Consistency and a Response to Bias
…of entering the investment, rather than when a dispute is foreseeable. The host state’s response to abusive treaty shopping might be to amend existing BITs or to terminate existing BITs….
Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties
A Procedural Perspective of Achmea: What Does Achmea Imply in Practice
…Intra-EU Investment Treaty Let’s imagine an investor who obtains a favourable award against an EU Member State, and that the state fails to comply with it, for one reason or…
Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank
Sovereign Immunity From Execution: Caveat Emptor
…assets under the commercial activity exception. First, parties should include explicit waivers in BITs and contracts. Furthermore, arbitral institutions should amend their rules to this effect. Notwithstanding this, even explicit…