The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT
…intra-EU exception in the ECT. Accordingly, the SSC held the ECT did not contain a carve-out of intra-EU disputes. Article 26 ECT is Compatible with EU Law Spain’s alternative…
Search Results for: intra-eu bits
LIDW 2024: The Rise of African Arbitration – Is Africa Leading the Way?
…York Convention are Gambia, Guinea-Bissau, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Eswatini, Libya, Namibia, Somalia, South Sudan, and Togo. These steps have also been important for intra-African trade. …
Delhi Arbitration Weekend 2024: India and the Evolving Nature of Investor State Dispute Settlement
…(“BITs”) and ISDS. He supported this position by referring to India’s termination of 76 of 87 of its BITs in 2016. He further mentioned that India was not alone and…
Past the Tipping Point? The Diminishing Value of Investment Treaties and Arbitration in the Green Transition Era
On 24 April 2024, the European Parliament voted for the EU to withdraw from the Energy Charter Treaty (“ECT”). Three days earlier, Ecuador had voted to keep the country’s constitutional…
The Contents of the European Investment Law and Arbitration Review, Volume 9, Issue 1 (April 2024)
…focuses on the interaction between human rights and investment protection and the role of the European Court of Human Rights (ECtHR) in the enforcement of intra-EU BITs within the EU:…
Opportunities for ESG-Related Counterclaims in International Investment Arbitrations: A Trip Down the Rabbit Hole
…of their next-generation Model BITs and IIAs and have seen first-hand that such considerations are increasingly being brought to the IIA-negotiating table by States as they seek to revise and…
Columbia Arbitration Day 2024: “The New Era of International Arbitration: A User Guide”
…Defense for Colombia). Kuantyrov enumerated a few challenges that emerging economies such as Kazakhstan face when negotiating BITs with big economic players in relation to leverage and experience. International prejudice…
2024 PAW: The Rise of Arbitration in Asia
…of intra-Asian bilateral investment treaties (“BITs”) such as the recent Singapore-Indonesia BIT. On the other hand, the EU is witnessing a steady decline in outbound FDI over the past decade….
CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy
2024 PAW: Swords and Shields—Navigating Current Trends in Enforcing Arbitral Awards
…finally to the U.S. approach on the enforcement of annulled awards. Enforcement of Intra-EU Awards Sebastiano Nessi opened the floor by addressing the enforcement of intra-EU awards in and…
CJEU’s Decision in International Skating Union v. European Commission: Its Manageable Consequences for International Arbitration
…the Achmea prohibition on EU Member States exercising what are their own rights (in favour of their nationals) to agree to arbitration agreements flowing from inter-EU BITs while there would…
2024 PAW: Affaires d’Etats Vol. 3 – Amplifying the Voices of Developing States in ISDS Reform
…to the approach taken by several Latin American States concerning their bilateral investment treaties (“BITs”). Some countries have chosen to terminate their BITs or withdraw from the ICSID Convention, such…
Mongolia: Investment Related Developments in the Mining Sector
…ratified 44 bilateral investment treaties (“BITs”) and signed the European Economic Community-Mongolia Trade Cooperation Agreement and Energy Charter Treaty (“ECT”). The majority of these treaties were signed before 2000, reflecting…
2024 PAW: In Search of the Right Balance: The interplay between Human Rights, ESG, Civil Society and Investment Arbitration
…of inter-se agreement between the EU member states might be needed in order to clearly exclude any intra-EU ECT disputes for the future. However, there is ambiguity regarding whether Member…
PAW 2024: Evolving Perspectives on the Right to Regulate: Shaping Investment Treaty Arbitration
…and labour laws, etc.). However, Kaldunski noted a fundamental tension between the RTR and investor protection under Bilateral Investment Treaties (“BITs”). When states assume obligations under BITs, they often find…
2024 PAW: The Evolution of Arbitration in the Central Eastern Europe and Central Asia Regions: A Roadmap for the Future
…countries to terminate its intra-EU BITs, despite its recent victory in defending the ICSID case brought by Gabriel Resources. This contrasts with Hungary’s approach, which continues to enter into new…
Can the Inability to Bear Arbitration Costs Render the Arbitration Clause Unenforceable? According to the Polish Supreme Court, It Can
…context of international and EU law, and considers its relevance to the Court of Justice of the EU (“CJEU”) intra-EU commercial arbitration case law. Polish Supreme Court Findings: Unenforceability of…
Achmea, Arbitration Awards, Enforcement, International Investment Arbitration, Legitimacy, Paris Arbitration Week
2024 PAW: ISDS Post-Achmea – Legitimacy of Investment Arbitration and the Enforcement of Arbitral Awards
…Suitable Alternatives for Intra-EU Investors to Enjoy Investment Protection? Ms Fatás Pérez assured the audience that EU courts were a good forum to protect intra-EU investors. She stressed that countries…
2024 PAW: The Interaction between the Merits of the Case and Ratione Temporis Issues
…should have some value. Interestingly however, results of certain surveys have shown that market practitioners – such as investors and insurance companies – do not necessarily deem BITs to have…
Arbitral Award, Enforcement, Germany, Primacy Principle, Set aside an international arbitral award, Singapore, Transnational Issue Estoppel, USA
The Deutsche Telekom v India Saga: Multi-Jurisdictional Proceedings, Transnational Issue Estoppel and Primacy
…Union’s decision in Achmea. The FCJ declined to apply the Achmea rule to BITs concluded between an EU Member State and a third country, and rejected India’s challenge (Beschluss des…
Navigating Investor-State Dispute Settlement: Concerns from the Asia-Pacific Region
…states’ interests. Mr. Shnookal suggested that there is a need to clarify the substantive provisions in BITs. Mr. Shnookal observed that most of the current substantive provisions are too broad….
2023 Year in Review: Key Developments in Europe (Investment Arbitration)
…of the intra-EU complexity remain open. Indeed, the intra-EU objection to jurisdiction was raised before some arbitral tribunals in extra-EU cases (see for example, CMC v Mozambique, an extra-EU ICSID…
Countdown to RIDW24: Building Investor Trust: A Dive into Saudi Arabia’s Legal Reforms
…resolving investment disputes through alternative dispute resolution mechanisms. With 21 Bilateral Investment Treaties (“BITs”) currently in force, another layer of legal protection is added with the KSA Foreign Investment Law…
Achmea, Amicus Curiae, Energy Charter Treaty, Enforcement, Intra-EU Investment Arbitration, Intra-EU ISDS, Set aside an arbitral award, Spain
Achmea in America: The United States’ Amicus Brief Offers Spain Half-hearted Support
…provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain. Before the District Court for…
2023 in Review, ECT Modernisation, Energy Charter Treaty, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series
2023 Year in Review: ISDS Reforms – Milestone Achieved, Uncertainties Persist
…of ISDS and respond to the need for investment protection. Meanwhile, Johannes Tropper emphasized the necessity of an inter se modification to eliminate intra-EU arbitration and explored its potential adoption…