East and Central Asia made further strides to promote arbitration, including through legislative reforms and enhancement of judicial assistance, as well as the accession, ratification, and creation of treaties. Some…
…of impact assessments (article 14) and requires certain companies to maintain a certification to ISO 140001 or equivalent environmental management standard (article 18). Other recent BITs require that investors “strive…
…forum outside of the purview of the host state’s national courts, and (2) that this is relevant also in the intra-EU context, given the fact that both Croatia and Hungary…
…of intra-EU investment disputes under the Energy Charter Treaty; in PL Holdings, it held that EU law did not permit disputing parties to rely on an ad hoc agreement to…
…Russia has BITs in force are Albania, Austria, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Japan, Lithuania, Luxembourg, Netherlands, North Macedonia, Norway, Romania, Singapore, Slovakia, South…
…intra-EU ISDS offer imminent developments. After the first arbitral tribunal in the SCC case of Green Power v. Spain upholding the effects of Achmea CJEU judgment; the Higher Regional Court…
…declare ICSID arbitration proceedings concerning intra-EU investment disputes under the Energy Charter Treaty inadmissible pursuant to Sec. 1032(2) of the German Code of Civil Procedure. The question in both proceedings…
…not with Hong Kong. Australia is also still negotiating an FTA with the EU. Since 2015, the EU offers only a compromise “investment court” alternative to traditional ISDS. Singapore took…
…in the Achmea case. The Court has now established that EU law is incompatible not only with investment arbitration under intra-EU BITs but also with the intra-EU application of the…
…in the distribution of cases throughout the past 5 years without many clear trends emerging. Some commentators have suggested that the EU’s decision to ban intra-EU ISDS may produce dips…
…framework—in this case, the annulment procedure), and it is consistent with the object and purpose of the Convention. Similarly, the VCLT has been at the heart of debates over intra-EU…
…As Waibel pointed out, this may have the effect of reifying the VCLT’s rules, by promoting consistent decision-making and/or uniformity in treaty interpretation across BITs. The VCLT & ISDS…
…ESG amongst all suppliers. Further, ESG regulatory initiatives in the EU build pressure on businesses to carry out compliance checks. In the context of international arbitration, introduction of ESG factors…
…terms of preventing the recognition and enforcement of intra-EU BITs and intra-EU ECT awards as per the Termination Agreement for intra-EU BITs, the similar proposed inter-se agreement regarding the ECT…
…enhance sustainable development in Africa. The AAA Model BIT was elaborated as a comprehensive non-binding document that states may use and adapt to their needs when drafting their specific BITs….
…intra-EU ECT dispute, but a dispute involving a non-EU State and a third country investor. Mr. Rivas mentioned that in some cases, such as Komstroy, the Court of Justice of…
…members of the same REIO (such as the EU) should settle the controversial issue of intra-EU investment disputes. It was observed, however, that the announced modernized ECT arguably missed the…
…multilateral level and the recent roll-back of the intra-EU investment regime. On the first point, Tom Sikora cautioned against failing to consider the perspective of investors on the various reform…
…the ECT cannot serve as a basis for intra-EU arbitration proceedings, and that the sunset clause does not apply intra-EU”. This will formalise the EU’s existing position that the ECT’s…
…intra-EU arbitration (Article 24(3) new ECT) as well as Article 16 ECT and includes the option to phase out protection for fossil fuel investments (annex NI). The EU and the…
…intra-EU investment arbitrations. Nevertheless, considering the various pending proceedings, intra-EU ECT arbitration will likely stay a newsworthy topic for the foreseeable future. References[+] References ↑1 See Order of the HRC…
…investments that prioritize social and environmental interests. Mr. von Wobeser indicated that several bilateral investment treaties (“BITs”) and investment chapters in free trade agreements (“FTAs”) now contain specific provisions regulating…
…in the Achmea case, an intra-EU BIT cannot constitute a valid ground for the Arbitral Tribunal’s jurisdiction. La Republique [A] v. Société Groupement [B], Court of Appeal of Paris,…
…alongside treaties such as bilateral investment treaties (BITs), exists on the premise that states follow the rule of law. Some clauses within these treaties concern war, but they do not…
