…Awards v. Enforcement of Judgments in the EU: Arbitration Must Catch Up Arbitral awards are easier to enforce across borders than court judgments, through the New York Convention, and this…
…the European context due to some EU Member States terminating their BITs and the many questions marks surrounding the Energy Charter Treaty (“ECT”), following the recent withdrawals of several Contracting…
…in BITs. Corruption As explained by Ms. Adekoya San, the use of evidence of corruption as a bar to a claim has evolved in international arbitration. From a jurisdictional…
…Meg Kinnear contended that although the system is young and criticized, it functions well: more than 2200 BITs are in force (along with 65 model BITs), ICSID has 158 members,…
…BITs have been terminated (e.g., Egypt-Indonesia), signed but not in force (e.g., Iraq-Iran), or never signed in the first instance (e.g., Saudi Arabia-Qatar). It is also frequently misunderstood. The OIC…
…on the challenges facing ISDS. While globally the termination of intra-EU BITS seems to be a marginal issue among respondents (34%), this number is markedly higher (54%) when one looks…
…the application of the Ukraine-Russia or other BITs, Austrian Yearbook on International Arbitration, Wien (2020).) From the publicly available sources, it seems that in the Crimean cases these criteria of…
…their model BITs, in particular the valuation methodologies used when calculating damages and applying commercially reasonable interest rates, a trend that she believes will continue. Ms. Beharry also pointed out…
…in intra-EU investment disputes. The ruling was interpreted by some as the beginning of the end of intra-EU investment arbitration. A recent decision by the Swedish appellate court (Svea Court…
…purposes of the dispute. Additionally, as has been widely reported, the CJEU clarified that its reasoning in the Achmea ruling regarding the intra-EU objection extended to the ECT. The referral…
…to ICSID arbitration, because of the intra-EU nature of their relationship. Accordingly, it concluded that neither the ICSID arbitration proceedings commenced by Uniper and RWE based on Art. 26 ECT…
…concerning termination of the BITs with so-called “unfriendly states”. In addition to the states that introduced sanctions against Russia, such list also includes Ukraine. Like other BITs, the Russia-Ukraine BIT…
…a separate claim before the Lithuanian domestic courts. As reported by our contributor, the Lithuanian SC found that intra-EU BITs concluded by Lithuania stopped including a valid offer to arbitrate…
…broadly: first, the early cases against Hungary, second, Micula, Achmea, and the following developments regarding the intra-EU ISDS policies, third, Vattenfal and the public outrage against the challenge to the…
…projected increase is attributable to the latest developments with the African Continental Free Trade Area (“AfCFTA”) and the opportunities it presents for different sectors. As FDI and intra-African investments are…
…on Arbitration in France In line with the ECJ’s recent rulings in Achmea, Komstroy and PL Holdings, two investment awards were set aside based on the intra-EU argument, taken as…
…that the EU’s assertive policy measures in the field of investment arbitration, particularly following Achmea and Komstroy, has been criticised, as it has pursued the termination of intra-EU ISDS on…
…USA, India, The Netherlands; Pan African Investment Code, Canada-EU Trade Agreement, first, second and third generation BITs between specific countries including UK/Kenya BIT, Swiss/Pakistan, Germany/Pakistan, Nigeria/Morocco, South Africa Investment Act,…
…safe from constitutional challenge under Article 29.4.6 of the Constitution, which immunises acts ‘necessitated by’ the obligations of EU membership. Although Ireland had no EU law obligation to ratify CETA…
In July 2022, the African Arbitration Academy launched the Model Bilateral Investment Treaty for African States (‘Model BIT’) with the goal of it serving as a source of cohesion for…
…pursuing enforcement of intra-EU ICSID awards outside Europe. Against all odds, new intra-EU matters are being submitted, which only means that the pool of the intra-EU awards subject to enforcement…
…Accent Hierarchy The spread of English arguably reflects the cultural and political hegemony of a number of anglophone countries. This becomes apparent when looking at intra-language discrimination. Polish linguist Anna…
…related issue of applicable law governing its interpretation. Since the late 1950s, the international legal order has witnessed the adoption of many BITs. As a result, the most frequent contemporary…
…will allow corporations to resolve intra-corporate disputes through arbitration instead of court proceedings. The arbitration agreement in such cases may be contained in a company’s articles of incorporation or bylaws,…
