…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…
…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…
