…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…
…procedural issues, particularly the scope of arbitrable matters imported from other BITs. The latter question is especially important bearing in mind that several Russia BITs provide for narrow dispute resolution…
…on the violation of the investment protection standards contained in the BITs, subject whose jurisdiction is retained in domestic courts. This limitation is similar to the first-generation Chinese BITs. In…
…out that intra-EU arbitration under the existing ECT was not applicable because it contravened EU law (Opinion 1/20 para 47). Overall, this ruling provides little additional guidance on intra-EU investment…
…developed toward the prohibition of intra-EU investment arbitrations (LSC judgement, para 42). The Lithuanian Supreme Court underscored that (i) ICSID is not a court of an EU member state; (ii)…
…the inclination of tribunals to uphold their jurisdiction to hear intra-EU investment claims despite the attacks from the EU side. Will these be the last ‘survivors’ on the (intra-EU) battlefield?…
…contracting parties to delimit the scope of covered investments. States are free to have their own definitions of what constitutes an ‘investment’ either through subsequent Bilateral Investment Treaties (BITs) or…
…of subjects, including shareholder disputes, facilities management, trusts and family property. Arbitration is also being used to resolve inter and intra-iwi Māori disputes (Māori are the first peoples of New…
…Initially, bilateral investment treaties (BITs) and the ISDS clauses served a dual role: on the one hand, they were a safeguard for foreign investors from developed States venturing into developing…
…with the growing attention to the right to regulate, public interest challenges, such as climate change or the redrafting of new-generation BITs, is there a disadvantage in representing a non-state…
