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…
…(or unless and until the sanctions regime is materially changed).” As to the EU sanctions program, Article 5(1)(a) of EU Council Regulation No 269/2014 only allows authorisations for the release…
…current international investment law, investors in the energy sector are equally protected whether fossil-fuel based or renewable-energy based. Indeed, the goal of Bilateral Investment Treaties (BITs) is to protect foreign…
…different in that there is generally no single body of laws that apply to all States, and BITs may differ greatly from one another. There is also no overarching supervisory…
…Indeed, Mr Quintard depicted the government’s approach to investor-State arbitration through the following 3 generations of BITs. In the early 1980s, the 1st generation of Chinese BITs showcased firm reluctance…
…the prohibition of double hatting under Art. 35.4. This is in line with other new-generation Model BITs including the Dutch Model BIT and Colombian Model BITs. Surprisingly, in contrast to…
…planted in this region too, for example with Venezuela, Ecuador and Bolivia’s denunciation of the ICSID Convention and some BITs, and Brazil still not adopting ISDS, none of this has…
…treaties (“BITs”). But there is one exception: in June 2021 a new BIT between Mexico and Hong Kong (“Hong Kong BIT”) came into force. In an official letter sent to…
…an analytically rigorous structure for debating the content of the FET – a debate that continues until today. Approach of a EU Member State (Croatia) and a Non-EU Country…
…such as environmental protection and human rights violations, should be addressed in the context of investment protection. These provisions are included in new generation BITs as a response to the…
…SWFs, are however notably common in BITs concluded by Kuwait, Qatar, Saudi Arabia and the UAE, with the Saudi-Czech BIT even making reference to the Saudi public financial institutions, funds…
…of the BIT’s signatories. Further, Claimant considered that the time-limit for commencing an arbitration could be interrupted through the submission of the notice of dispute as established in Article 10(2)…
…disdain of international law, including its obligations towards foreign investors under bilateral investment treaties (“BITs”). In this post we analyse whether terminating BITs with Russia would be a reasonable response…
…Disputes Like virtually all modern BITs, the treaty between Japan and Argentina provides for the settlement of intra-States disputes as well as investor-State disputes. It is however with regard to…
