…when the (potential) candidate accedes to the EU. This is in line with the CJEU’s ruling in Achmea (C-284/16), deciding that investor-State arbitration under intra-EU BITs is incompatible with EU…
…BIT between Pakistan and Germany of 1959, implicating that BITs cannot be interpreted in isolation from PIL and its principles (Phoenix v Czech Republic, para 9). However, some experts who…
…EU Member States from offering arbitration to an intra-EU investor. He pointed out that many of the EU Member States made arbitration offers before becoming EU Member States. Against this…
…Africa to take stock of its BITs and revise its investment law. Ibid. In 2014, South Africa terminated its BITs with six European countries and in 2015 passed the Protection…
…This trend is driven by two key factors: (i) India’s termination of its bilateral investment treaties (“BITs”), and (ii) difficulties which investors have faced enforcing investment arbitration awards in India….
…Garcia v. Venezuela), and the US-Vietnam Trade Relations Agreement (Dangelas v. Vietnam). At the same time, it was also confirmed that the intra-EU BIT controversy extends to intra-EU arbitrations under…
…African states have signed 975 BITs, 211 of which are intra-Africa. In addition, since the signing of the Lagos Plan of Action in 1980, which called for Africa’s economic development,…
…establishment of a centralised AfCFTA National Implementation or Coordination office, improving trade and market information accessibility, and strengthening institutional capacity. In pursuit of bolstering intra-Africa trade, Egypt hosted the third…
…of Intra-EU Arbitral Awards: Latest Developments from the UK, Australia, the US and EU”, moderated by David Herlihy (Allen & Overy). Comparing the post-Achmea saga of intra-EU investment treaty arbitrations…
…of an intra-EU investment dispute under the Energy Charter Treaty (‘ECT’). Both decisions were appealed and the division among the courts led to a clarifying landmark decision by the German…
…jurisdiction, liability, and certain aspects of quantum that appears to be at least partially in favor of the Japanese claimant. And, in the intra-region case of JSC Tashkent v. Kyrgyzstan,…
…of BITs coupled with systemic institutional problems and weak governments has resulted in more cases being brought against states in the region. It seems that more BITs do not necessarily…
…region. This project is pivotal in harmonising arbitration rules across SADC countries, establishing a regional panel of arbitrators, and enhancing intra-regional dispute resolution procedures. A crucial aspect of this initiative…
…intra-corporate disputes, including specifying the role of the SEC in such arbitrations. In Indonesia, the Supreme Court enacted Supreme Court Regulation No. 3/2023 which clarified various aspects of Indonesia’s arbitration…
…intra-EU arbitral awards in the U.S. after the European Court of Justice’s decisions in Achmea and Komstroy. United States Supreme Court In Coinbase Inc,. v. Bielski, No. 22-105 (U.S. 2023),…
…In this new reality, the vast majority of Chinese BITs are first-generation protection type BITs, which offer limited protection to foreign investors, including when it comes to the most important…
…a partner in Foley Hoag’s International Litigation & Arbitration Group, explained the need to include environmental standards and responsibility clauses in BITs. The participants discussed the International Court of Justice’s…
…the Energy Charter Treaty (“ECT”) complicates the landscape even further. Questions were raised around how the arbitration community should deal with the risk of disappearance of intra-EU investment arbitration and…
…suggested, vacating awards, denying enforcement, or dismissing such petitions in just 8% of cases. Mr. Yackee discussed his empirical research into the effect of bilateral investment treaties (“BITs”) on foreign…
…from Global Justice Now) In 2023, several EU members left the ECT, the largest investment arbitration treaty, after accusations that companies “weaponise” this “climate-wrecking,” “climate-killing” “obscure energy treaty”…
…(“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021, Ecuador rejoined the ICSID Convention….
…of customary international law, developed within the framework of diplomatic protection, which is also applicable to arbitration under BITs, while, as the lex specialis, the BIT is not a self-contained…
…“upstream national legal protection” to effectively stop intra-EU ECT ICSID proceedings due to a lack of an effective arbitration agreement, recognition and enforcement of intra-EU IIA/ECT awards will increasingly be…
…the EU and now as an arbitrator, Christopher offers excellent insight in the requisite qualities of a good arbitrator. The main thrust of Christopher’s thesis is that a good arbitrator…
