Legal Shrapnel: Brexit, Micula and Europe’s Banker
…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…
Search Results for: intra-eu bits
The Philippines’ Pro-Arbitration Policy: A Step Forward Gone Too Far?
…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…
A New Approach to Intra-EU ISDS
…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…
A Changing Landscape for International Energy Arbitration: A Report from the 6th Annual ITA-ICC-IEL Joint Conference
…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…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Cost allocation mechanisms, Costs, Costs in arbitral proceedings, Evidence, Vis Moot, Willem C. Vis Moot
From Our Archives: Admitting Illegally Obtained Evidence in International Arbitration
…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 Contents of Journal of International Arbitration, Volume 36, Issue 2, 2018
…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…
On Why Corporations Should Care About Investment Treaty Protection Now More Than Ever
…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…
Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules
X CAI Costa Rica 2019: Developments and Challenges in International Arbitration
…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…
Oil & Gas: Is Italy Doing It Wrong All Over Again?
…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…
The Trajectory of International Arbitration in Latin America and Current Trends in ISDS
…also Europe and the U.S. In Europe, the Achmea decision of the European Court in 2018 and the subsequent termination of all intra-EU BITs have caused significant upheaval. The EU…
Achmea, CJEU, European Law, International Investment Arbitration, International Law, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS
Topical Issues in ISDS: Review of Recent Developments in the European Union
…Article 16 is binding on the CJEU, the EU being a member of the ECT. Even in the context of intra-EU BITs, we cannot say with complete accuracy that all…
Challenges in Front of the Successful Evolution of the FDI Protection Regime: EFILA Annual Conference
…Achmea which evidences, inter alia, Member States’ firm intention to terminate their intra-EU BITs. As suggested by Nikos Lavranos, one possible measure to remedy this situation could be the adoption…
Expected Challenges and Opportunities of Investment Arbitration in Africa
…a continental level. Out of 2971 BITs signed worldwide, 994 involve an African State and 194 are intra-Africa States. For instance, the Morocco-Nigeria BIT signed on 3 December 2016 is…
A New and Improved Investment Protection Regime: Truth Or Myth!
…Tribunal under CETA and EUVFTA The Achmea ruling confirms that intra-EU BITs are incompatible with EU law while its effects reverberate to agreements entered by the EU with third countries….
2018 In Review, Argentina, Belt Road Initiative, BIT, Bolivia, Brazil, Cooperation and Facilitation Investment Agreements, Costa Rica, Ecuador, Franchising Contracts, ICSID Arbitration, Latin America, Mexico, Model BIT, NAFTA, Public Procurement, São Paulo, South America, Uruguay, USMCA
2018 In Review: Arbitration Postcards from Latin America
…2018, all Bilateral Investment Treaties (BITs) between Ecuador and other states officially expired. Due to their survival clauses, they continue to protect certain pre-existing investments for a number of years…
Arbitration, Arbitration Agreements, Arbitration Industry, Arbitration Institutions and Rules, Investment Arbitration
Defending and Promoting Arbitration: Make it Simple!
…intra-EU BITs. Despite the criticism, arbitration remains the preferred method of dispute resolution for international commercial disputes, as shown by the overwhelming majority of respondents in the International Arbitration Survey…
The (Final?) Death of Intra-EU Investor-State Arbitration
…comprehensive and exclusive system for the protection of intra-EU investments; Disputes must be litigated in the courts of the appropriate Member State; Intra-EU BITs themselves are contrary to EU law…
Recent Investor-State Arbitration Trends in the Middle East: #YoungITATalks in Dubai
…(BITs) and Multilateral Investment Treaties (MITs) in the Middle East. Impact of the Qatari Blockade on Investment Arbitration and Inter-State Arbitration in the Middle East Qatar ratified the 1907…
2018 In Review, Achmea, Europe, European Commission, International Investment Arbitration, Intra-EU BITs, Investment, Investment Arbitration, Investment protection, ISDS Reform
2018 In Review: The Achmea Decision and Its Reverberations in the World of Arbitration
…between investors from a Member States of the EU and another Member States of the EU. Given the primacy of Union law, that clause, if interpreted as applying intra-EU, is…
Hungary Gives the Green Light for the Conclusion of a Termination Agreement for Intra-EU BITs
…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…
Peeking Behind the Curtains: Insights from the Swiss Supreme Court’s Recent Public Hearings in Appeals against Investor-State Dispute Settlement Awards
…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…
Achmea, CETA, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS, ISDS Reform
2019: the Year of the Big Harvest!
…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…
Commensalism in International Investment Arbitration: The Rule of Law and CSR in the New Dutch Model BIT
…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…
A Wind of Change! Tanzania’s Attitude towards Foreign Investors and International Arbitration
…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…