…investment law and arbitration. The Review is still the only law journal that specifically focuses on the impact that EU law has on bilateral investment treaties (BITs) of EU member…
…the Court has used the very same phrase over and over again, notably in the context of intra-corporate disputes. Intra-Corporate Disputes The Court has issued a significant number of…
…compared to intra-arbitral mechanisms. Commercial courts in Germany may conduct proceedings in English and are staffed by judges particularly qualified in international commercial matters. Legislative efforts to further bolster the…
…consultations on reform of the Arbitration Act 1996. Another hot topic is the impact of Achmea, Komstroy, and the treaty terminating intra-EU BITs. Ms. Michou noted that for pending cases,…
…3: Corporate Disputes The third session explored two key areas of corporate disputes: the evolving concept of arbitration of intra-corporate disputes, and the current trends in mergers and acquisitions conflicts….
…of Delaware decision that permitted the auctioning of Venezuela’s U.S. assets, the D.C. federal court rulings on intra-EU and Energy Charter treaty award enforcement, and the Yukos arbitration award’s ongoing…
…meetings, evidentiary hearings, or even intra-tribunal deliberations. Courts may find themselves wrestling with the uncertainty surrounding whether specific witnesses were heard, and if so, by whom. Without security measures, any…
…investment treaties (BITs), such as the renewed BIT between Türkiye and Ukraine signed on October 9, 2017. Article 10(d) of the BIT mentions the Centre as one of the options…
…Rules, which consolidated the PCA as the main forum for proceedings conducted under such rules. The peak of Bilateral Investment Treaties (BITs) and Multilateral treaties incorporating arbitration clauses referring to…
…BIT program, particularly in its most recently signed BITs. Only three Turkish BITs signed in the 1990s do not allow for ICSID arbitration: its BITs with Iran (1996), Cuba (1997),…
…agreement to arbitrate under the ICSID Convention. An EU Member State court, bound by EU law, would certainly be required to consider the question in more detail. It is worth…
…investor protections contained in BITs.” Conclusion The Castillo v. Panama award constitutes a global radiography of investment treaty arbitration precedent to further develop and confirm the reasoning grounds for a…
…mechanism that recognizes the availability of arbitration for resolving certain types of intellectual property (IP) disputes at an EU-wide level. With thirteen states having ratified the Protocol on Provisional Application,…
…in an intra-EU bilateral investment treaty (“intra-EU BIT”), and the arbitration clause (Article 26) in the ECT (when applied to intra-EU disputes), is contrary to EU law (Achmea; Komstroy; Opinion…
…interest. International treaties, Bilateral investment treaties (‘BITs’) and national legislations all have their views on interest. However, determining the exact rate of interest often comes down to a case-by-case basis,…
I have been teaching international investment arbitration (IIA) in India for the last 15 years with a focus on its substantive principles contained in numerous bilateral investment treaties (BITs) and…
…to secure protection under Bilateral Investment Treaties (BITs). The increase in investment disputes has fostered some resistance towards investment arbitration. Latin American leaders have started negotiating more limited treaties. Some…
…did not sign the Termination Agreement of all intra-EU BITs. The proposed EU withdrawal will now be submitted to the Council of the EU, where it will need to be…
…the Revised Corporation Code (“RCC“) and, among other things, specifies the role of the SEC in arbitrations involving intra-corporate disputes. Section 181 of the RCC and MC 8 remove any…
…that, if unaddressed, could hinder the achievement of its desired purposes of promoting intra-African trade, enhancing economic growth and development, facilitating industrialisation and structural transformation, promoting regional integration, enhancing Africa’s…
…of the ECT to exclude intra-EU investment arbitration and the applicability of the sunset clause in intra-EU relations. If the sunset clause is not removed inter se, investors from the…
…BITs with Germany in 1976 and France in 1983. In the 1990s, Israel began branching outside Europe and signed another 25 BITs with a variety of states, including Argentina, China,…
…referred to the Court of Justice of the EU (CJEU) a long debated question: Are intra-EU investment arbitrations compatible with EU law? They are not, the CJEU famously ruled in…
Judge Charles N. Brower has combined extensive practice at the bar with distinguished public service. He has served for forty years as a judge of the Iran-United States Claims Tribunal…
