…of the most recent precedents touching upon this matter, the post attempts to argue the viability of wielding BITs provisions against occupying powers and their unlawful interference, thus circumventing recurrent…
…undesired liability for the costs of TPF. Patrick Dumberry, State Succession to BITs in the Context of the Transfer of Territory of Macao to China: Lessons Learned from the…
The world after the Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April…
…treaty (“BIT”) between the Netherlands and Slovakia to be incompatible with EU law. This decision potentially affects the effectiveness of the roughly 200 BITs concluded between the EU Member States,…
…world by declaring arbitration clauses contained in intra-EU BITs incompatible with EU law. Without the possibility to rely upon the intra EU–BITs investors can only rely on the legal provisions…
…9-B of the TPP. , The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (“CETA”)2)Article 28 of the CETA. , China-Korea Free Trade Agreement3)Annex 12-B, 3(b) of the China-Korea Free…
…(click here) In these cases, investors based their claims on either contracts or investment treaties. They invoked BITs, the Dominican Republic-Central America Free Trade Agreement (“DR-CAFTA”), or the Free Trade…
…that intra-EU BITs are not incompatible with the EU law seems clear: abandon all hope. That conclusion is justified not by the operative part of the CJEU’s decision, but even…
…agreements concluded between the Member States of the European Union (“EU”) in the so-called intra-EU BITs have an adverse effect on the autonomy of EU law. Achema case is a…
…protect investors post-termination of BITs. It is, of course, only the ISDS (investor-state dispute settlement) mechanisms of intra-EU BITs that are potentially affected by the CJEU’s decision. The substantive protections…
…the need to amend BITs and other investment agreements to better reflect matters of consent, arbitrability, and enforceability. The final part of the panel discussion involved a brief update on…
…issues that were discussed involved jurisdiction, whether the definition of ‘investor’ includes an SWF and whether their actions may be regarded as an ‘investment’, under BITs and the ICSID convention….
…55 also have BITs, but many of them are challenging jurisdictions. A recent development in China is the creation of “OBOR-courts”. A court in Xi’an will hear disputes on the…
…the bilateral nature of the BITs” and hence does not amount to discrimination within the meaning of Article 18 TFEU. Whether intra-EU BITs are similar to intra-EU treaties on the…
…their multilateral and extra-EU character. In my view, Achmea is entirely consistent with both EU and international law, and applies equally to intra-EU ISDS under BITs, the ECT and ICSID….
…Agreements) or under Bilateral Investment Treaties (BITs). A dispute can also be state-state, such as the Kenya-Somalia maritime dispute at the International Court of Justice (ICJ) and the Tanzania-Malawi dispute…
…and ranks third globally on ICSID. It is followed by the Democratic Republic of Congo (DRC) (8 cases), Algeria (6 cases), and Guinea (5 cases). BITs have been of great…
…the Energy Charter Treaty (ECT) and various BITs. Currently there are tens of pending investment treaty arbitrations with respect to renewable energy projects in Spain, Italy, Czech Republic, etc. A…
…in the Achmea case, holding that investor-state arbitration clauses in intra-EU BITs are not compatible with EU law. However, it is not clear whether this affects intra-EU ECT claims. The…
…upon existing BITs from the third generation that offer ICSID rules or UNCITRAL rules as possibilities. But such new rules might – nonetheless – impact the manner in which the…
…way forward for an effective investment and investor protection within the EU. Now that the CJEU decided that investment treaty arbitration based on intra-EU BITs is not compatible with EU…
For many years, investor-state dispute settlement (ISDS), supported by thousands of bilateral investment treaties (BITs), has served as the main mechanism for deciding investment disputes. This controversial system permits affected…
…centres in arbitrations originating within Africa (“intra-African arbitration”). This is a good starting point, and would demonstrate to the outside world that African parties have faith in African arbitration, and…
…Commission against investor-state arbitration under existing intra-EU BITs, its relentless efforts to push several EU Member States to terminate their intra-EU BITs and the recent public backlash against ISDS more…
