…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,…
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…
