…Achmea B.V. (“Achmea”) and the République de Moldavie v Komstroy LLC (“Komstroy”) decisions, and that the EU has forbidden EU countries from voluntarily paying intra-EU awards. …
…of EU sanctions. Types of Disputes to be Expected in the Future Katia Finkel outlined three categories of disputes that she expects to see in the future involving Russian…
…is no specialized circuit in the UAE there are some outlier decisions as well. She also mentioned that UAE has signed many BITs since they need protection for their investors…
…only a few of its 66 bilateral investment treaties (BITs) in force – such as with Japan – contain clauses consenting to arbitration under the ICSID Convention or Additional Facility…
…to ISDS by renegotiating IIAS and enforcing national anti-ISDS policies. Notably, Venezuela denounced the ICSID Convention in 2012, the EU banned intra-EU investment disputes in 2021, and when discussing the…
…mitigate this scenario, EU member states entered into the “Agreement for the Termination of all Intra-EU Bilateral Investment Treaties” with the aim of excluding the application of intra-EU investment treaties…
…investor protection and investment arbitration in recent years. It has shaped the debate on intra-EU investor-state dispute settlement (ISDS) and – due to its focus on the energy sector, including…
…whether or not delocalized financial instruments such as bonds can constitute protected investments under Bilateral Investment Treaties (BITs). It is concluded that whether or not cryptocurrencies can qualify as protected…
…bound by EU law. Such positions may result in greater court intervention. As Judge Kodek put it, “the readiness of arbitrators to comply with mandatory EU law may well influence…
…others. Its modernized version does its part in carving out protection of fossil fuel investments, but also carves out other protections, such as access to investor-state arbitration for intra-EU investors….
…studying international ISDS through a Central Asia-focused lens. Approximately 200 Bilateral Investment Treaties (‘BITs’) involve states in the region, of which approximately 160 are presently in force. Meanwhile, the Central…
…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…
