…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…
…Indeed, India has recently terminated numerous Bilateral Investment Treaties (BITs) after restructuring its investment policy while Pakistan is contemplating amendments to its existing investment regime and may adopt a similar…
…assessment of the costs and benefits of BITs, this assessment is not entirely accurate since it does not adequately weigh the benefits of BITs. Firstly, BITs foster the international rule…
…issues that have been the subject of inconsistent arbitral awards, clarifying the role of intra-EU investor-State dispute settlement (ISDS) in light of the CJEU’s judgments in Achmea and Komstroy, and…
…as bilateral investment treaties (“BITs”) and multilateral investment treaties (“MITs”). He also explored the intersection between the Laws of War/IHL and IIL, first, by drawing distinctions between these areas and,…
…not, however, provide the (eagerly-awaited) answer to the question we considered in our article on ‘The agreement terminating intra-EU BITs: are its provisions on ‘New’ and ‘Pending’ Arbitration Proceedings compatible…
…is consistent, however, with the approach recently taken by Poland to terminate its intra-EU BITs invoking their incompatibility with EU law. Question Marks Two questions immediately spring to mind…
…judgments of the CJEU, the modernisation of the ECT, and noted that, with one recent exception, international arbitral tribunals in intra-EU BIT and intra-EU ECT cases have not accepted jurisdictional…
…performing certain other judicial acts. The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970) (“Hague Convention”), or in intra-EU scenarios, the EU Taking of…
…March 2018 had suggested that proceedings based on intra-EU BITs (which are common) could not go ahead, as ISDS clauses included in intra-EU investment treaties violated the EU principles of…
…(“intra-EU BIT”) that offers an investor to settle investment disputes through arbitration generally violates EU law and is invalid, with the effect that there is no arbitration agreement. Accordingly, a…
…law between EU Member States. From the mandatory termination of all intra – EU BITs, to the complete ban of ad hoc investment agreements among EU Member States, the relationship…
…rely on treaty protection to safeguard their investments. Recent investment treaties, especially bilateral investment treaties (BITs) have tended to expand the rights of States to police environmental and labor harms….
…Canada-European Union Comprehensive Economic and Trade Agreement (CETA) in relation to bilateral investment treaties (BITs) applicable between Canada and Member States of the European Union after the entry into force…
The Spanish Cases Saga illustrates the arduous task of balancing the host state’s right to regulate and an investor’s economic interests. This post summarizes the tribunal’s reasoning in Novenergia v….
…(“ECT”) was inadmissible as it concerns an intra-EU dispute (KG Berlin, Decision 12 SchH 6/21 of 28 April 2022). Germany has appealed the decision to the Bundesgerichtshof (BGH I ZB…
