From the Editors of Kluwer Arbitration Blog: 2022
…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…
Search Results for: intra-eu bits
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 14 (November 2022)
…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…
Australia’s (Dis)Engagement with Investor-State Arbitration: A Sequel
…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…
Anxieties about Achmea: Dutch Interim Relief Judge Refuses to Torpedo London-seated intra-EU Arbitration
…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…
ICSID Annual Report 2022: Same Old but Different?
…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…
International Law Weekend, Investment Arbitration, Investment Disputes, ISDS Reform, Regime Interaction, Regime Interaction in Investment Arbitration, VCLT
International Law Weekend 2022: Interactions between Investment Law and the Vienna Convention on the Law of Treaties (“VCLT”)
…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…
International Investment Law, International Law, International tribunals, Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, VCLT, VCLT Jubilee
The Mutually Reinforcing Relationship between the VCLT & ISDS: A Roundtable hosted by the Permanent Court of Arbitration
…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…
Berlin Dispute Resolution Days 2022: ESG – Dawn of A New Era of Disputes in International Arbitration?
…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…
How States Comply with Investment Treaty Arbitration Awards: Insights from a 2022 Report on Compliance
…terms of preventing the recognition and enforcement of intra-EU BITs and intra-EU ECT awards as per the Termination Agreement for intra-EU BITs, the similar proposed inter-se agreement regarding the ECT…
2022 Nigeria Arbitration Bill, 2022 Sierra Leone Arbitration Act, AAA Model BIT, Ad hoc arbitration, AfCFTA, Africa, World Arbitration Update
World Arbitration Update: Legal Developments in Sub-Saharan Africa – Africa’s Blooming
…enhance sustainable development in Africa. The AAA Model BIT was elaborated as a comprehensive non-binding document that states may use and adapt to their needs when drafting their specific BITs….
World Arbitration Update: Taking Stock of the ECT Modernization Process – Fit for the 21st Century?
…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…
Achmea, ECT Modernisation, European Court of Justice, European Union, Fair and Equitable Treatment, fossil fuels phase out, Investor-State arbitration, ISDS Reform, right to regulate, Treaty Making
Expert Roundtable: The Energy Charter Treaty at a Crossroads
…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…
Commercial Arbitration, ICCA Edinburgh 2022, Investment Arbitration, sociology of international arbitration
Arbitration’s Age of Enlightenment? A Look Back at ICCA Edinburgh 2022
…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…
ECT Modernisation Perspectives: Unpacking the Impact of the Revised ECT Text on Dispute Resolution
…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…
Withdrawing from the Energy Charter Treaty: The End is (not) Near
…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…
RWE and Uniper: (German) Courts Rule on the Admissibility of ECT-based ICSID Arbitrations in Intra-EU Investor-State Disputes
…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…
Are Environmental and Investment Protection Mutually Exclusive? Report of the ITA-ALARB Americas Workshop
…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…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 12 (September 2022)
…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,…
Armed Conflict, Border Dispute, Careers in Arbitration, Compensation for Moral Damages, Economic Sanctions, Korea, Ukraine
Yonsei Arbitration Day: War and Arbitration
…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…
The Contents of Journal of International Arbitration, Volume 39, Issue 5 (October 2022)
…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…
Keeping a Distance: India’s Approach towards Investment Treaties
…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…
The Modernised Energy Charter Treaty: The New Text
…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…
International Humanitarian Law, International Investment Arbitration, International Investment Law, Vienna Convention on the Law of Treaties
Asia ADR Week 2022 Recap: Here Comes Sparta – The Impact of Armed Conflicts on International Arbitrations
…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,…
The Role of the ECtHR in the Protection of International Arbitral Awards: Insights From BTS Holding v Slovakia
…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…