…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…
…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…
…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…
…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….
…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…
…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…
…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…
…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…
…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…
