From the Editors of Kluwer Arbitration Blog: 2018
…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…
Search Results for: intra-eu bits
Brexit, the Energy Charter Treaty and Achmea: An Unexpected Ray of Light?
…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…
Topical issues in ISDS: Latin America – A Review of Recent Developments – A report from the CERSA
…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…
Achmea, Croatia, Energy Charter Treaty, Germany, Hungary, Investment Arbitration, Investment Treaties, Slovakia, Spain
Intra-EU ECT Claims Post-Achmea: Vattenfall Decision Paves the Way
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…
Avoiding the MFN Clause: One Step Forward, Two Steps Back?
…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…
Does Investor-State Arbitration Have a Future? Keynote Speech by Sir Christopher Greenwood
…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…
Investment Arbitrations Against Spain in a Post-Achmea Scenario: A New Hope for Mediation?
…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…
Should Political Risk Insurance Payment Be Deducted From Investment Treaty Award Compensation?
…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…
Ongoing Territorial Challenges in Crimea Cases: Putting Everest v. Russia in Context
…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…
Tips from the top: Young ICCA interviews Nora Fredstie
…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,…
Brazil, Cooperation and Facilitation Investment Agreements, Investment, Investment agreements, Investment protection
Brazil Warms To The Global Procurement Market Further With New Chile Treaty, But Still No Arbitration For Investors
…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…
Blockchain and Cryptocurrencies: The New Frontier of Investment Arbitration?
…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…
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…
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…