Investment in the Times of Achmea
…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…
Search Results for: intra-eu bits
Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?
…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…
What Next for Intra-EU Investment Arbitration? Thoughts on the Achmea Decision
…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…
Africa, Arbitration, Arbitration Proceedings, ICCA Sydney 2018, ICSID Convention, Investor-State arbitration, ISDS
ICCA Sydney: New Frontiers in International Arbitration II: Potential of Arbitration Involving New Stakeholders
…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…
Conflict Zones, Damages, ICCA Sydney 2018, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Sovereign Wealth Funds
ICCA Sydney: New Voices
…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….
Belt Road Initiative, Evidence, IBA Guidelines on Party Representation, IBA Rules of Evidence, ICCA Sydney 2018, Parallel Proceedings, Permanent Court of Arbitration
ICCA Sydney: Hot Topics
…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…
CJEU Does Not Buy Wathelet’s Opinion in Achmea – What Is Left Unanswered?
…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…
The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief
…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….
Navigating Specialist Energy and Natural Resources Arbitration in East Africa
…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…
Africa, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, International arbitration
Impact of Foreign Direct Investment on Arbitration in Africa
…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…
Legitimate Expectations in Renewable Energy Treaty Arbitrations: The Lessons So Far
…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…
Achmea, Arbitration, Energy, Energy Charter Treaty, European Commission, European Union, Italy, Spain
Novenergia v. Kingdom of Spain, the ECT and the ECJ: Where to now for intra-EU ECT claims?
…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…
Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration
The Structural Implications of Belt-and-Road Arbitration: China’s Legal Gamble across Eurasia
…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…
After Achmea: The Need for an EU Investment Protection Regulation
…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…
The Death of ISDS?
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…
Africa, stand up for Africa
…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…
The Judgment of the CJEU in Slovak Republic v. Achmea – A Loud Clap of Thunder on the Intra-EU BIT Sky!
…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…
Why Should Countries with Limited Recognition Start Concluding BITs? – Several Overlooked Motives
…as ISDS mechanism in these BITs is of the essence to gain the trust of those foreign investors. Conclusion In a nutshell, the conclusion of BITs by countries with a…
Developing Country Opposition to an Investment Court: Could State-State Dispute Settlement be an Alternative?
…of traditional BITs and the ISDS regime are are Bolivia, Ecuador, Venezuela, South Africa and Indonesia. The reason for this is that many countries concluded BITs without fully understanding their…
The Intra EU-BITs in the Opinion of AG Wathelet between Light and Shadow
…by intra-EU BIT-based tribunals,1)Among these arguments are those that i) intra-EU BITs and EU law do not regulate the same subject-matter (Opinion, para. 173 ff.); ii) EU law does not…
What is the Future of Intra-EU BITs?
…transformed into the so-called “Intra-EU BITs”. The problems of Intra-EU BITs arose when the European Commission started its campaign against Intra-EU BITs, alleging their incompatibility with EU law. Many EU…
ICSID, ICSID Arbitration, ICSID Convention, International Court of Justice, Jurisdiction, Jurisdiction of the arbitral tribunal, Venezuela
When the Bell Doesn’t Save You: Favianca and Jurisdiction After ICSID Denunciation
…of the Convention. Söderlund views Article 72 in its historical context: a time before States entered into BITs. Thus, he concludes that Article 72 does not apply when States have…
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
…FTAs, which it has already negotiated (CETA, EU-Singapore FTA, EU-Vietnam FTA) or is currently negotiating (EU-Japan FTA), the proposal raises the question to what extent this is conducive to the…
Towards a Post-Arbitration Age: The European Commission’s Fast-Track Reform of Investment Dispute Settlement
…MIC disputes arising under agreements to which they are or will be parties. However, as a footnote in the Recommendation shows, disputes arising from intra EU–BITs as well as disputes…