…the Member States, calling on them to take action to terminate their intra-EU BITs. Hungary’s Intra-EU IIAs Hungary currently has 54 BITs in force, 22 of which are so-called intra-EU…
…dissenting minority advocating for a more restrained interpretation of the scope of application of the relevant bilateral investment treaties (“BITs”). The first hearing, held on 16 October 2018, concerned two…
…of land in parallel and 2019 promises to be the year of the big harvest for the Commission and the Member States. The Intra-EU BITs Regarding the intra-EU BITs…
…to the Rule of Law in the preamble. So does the Austrian model or the Swiss Confederation-China FTA. More ambitious is the EU-Korea and EU-Vietnam Framework Agreement (RoL constitutes “an…
…the country signed five new Bilateral Investment Treaties (“BITs”). With these, it would seem like the country is opening up and attracting foreign investors. However, since the new government came…
…the Intra-EU BIT Sky” by Clément Fouchard and Marc Krestin from Linklaters in the post published the next day after the judgment was issued; the final report of the ICCA-QMUL…
…v Achmea (Case C-284/16) the institutions of the EU and arbitral tribunals constituted under the Energy Charter Treaty (ECT) and intra-EU BITs are at loggerheads. As far as the CJEU…
…a rationale similar to the one in Latin America. This trend culminates in the Achmea decision, where the CJEU annulled consent of an intra-EU BIT, on the basis of the…
The Court of Justice of the European Union’s (CJEU) judgment in Slovak Republic v. Achmea B.V. (Achmea) on arbitration under intra-EU BITs has been broadly discussed (on this blog, see…
…has signed BITs with 84 countries. Now, the reason why India had entered into BITs with other countries was because India wanted to attract foreign investment. The early 90s was…
…the famous Achmea decision by the EU Court of Justice earlier this year lent support to opponents of ISA (see Kluwer Articles here, here, here and here). Indeed, in Sir…
…that the Achmea judgment renders intra-EU investor-state arbitration illegal under EU law. Clearly Spain is shielding its position by using the Achmea ruling to avoid enforcement of awards before any…
…into BITs or which are pulling out of the ITA regime. For instance, Venezuela and Ecuador denounced the ICSID Convention. PRI and ITA, as remedies, provide comparable but distinct advantages…
…the BIT and whether the BIT covers investments made in Ukraine before the annexation. Russia – Ukraine BIT’s application to a de facto state territory The Crimea cases involve…
…in a range of geographic locations and with a current emphasis on South American related and intra-EU disputes. She has acted and participated in international arbitrations conducted under the ICC,…
…under the Chilean PPA, only the State can submit the claim to arbitration. In addition, the Chilean CFIA does not contain an umbrella clause, in contrast to some BITs, meaning…
…this situation, and depending on the definition of “protected investment” in BITs potentially applicable to the dispute, an investor could make a colourable case that their crypto asset is indeed…
…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…
…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…
…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)…
…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…
…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….
…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…
…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…
