…have signed the Termination Agreement. In parallel, the European Commission continued to escalate the conflict by intervening in practically all intra-EU disputes (both based on intra-EU BITs and the ECT)…
…EU is legislating at breakneck speed to become the first climate-neutral continent. It is a new reality out there. In the words of US climate envoy John Kerry, the world…
…intra-EU disputes from an EU law perspective. The author examines how various judgments of the CJEU have had a ¨spill- over effect” on the ECT and all disputes connected to…
…the CJEU held that ECT intra-EU arbitrations are contrary to EU law. This decision was built on the Achmea decision, where the CJEU found that intra-EU investment agreements and arbitration…
…exchange rates relevant in investor-state arbitration? The Role of Transfer Clauses Transfer clauses are one of the most common provisions in BITs: 1,862 of the 2,258 BITs currently in…
…of the global web of traditional Bilateral Investment Treaties (“BITs”). This exclusion has proved a double-edged sword in that it indeed ensured less exposure to investors’ claims, but meanwhile (or…
…recent) civil wars in Syria, Libya, and Yemen. For instance, several foreign investors have filed arbitration claims under BITs entered into by Libya with other States whereby they are claiming…
…October 2021 confirmed that Achmea extends to ad-hoc arbitration agreements which are identical to the arbitration clauses in intra-EU BITs. It is likely that in 2022 we will see further…
…signatory, including – at least – thirty-six bilateral investment treaties (BITs), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the United States-Mexico-Canada Agreement (USMCA). Ecuador: New Government…
…state aid legislation) and arbitration was discussed. Not surprisingly, from an EU law standpoint, the EU Courts once again found that in case of such clash, EU law shall prevail….
…Currently, there are 25 bilateral investment treaties (BITs) in force between China and all EU Member States, except Ireland. These BITs serve as a patchwork, offering some – but not…
…Law and Arbitration (EFILA), compared the BITs that Mexico has ratified with the Netherlands and Spain, as well as the recent EU-Mexico Global Agreement, demonstrating differences in procedural and substantive…
…bilateral investment treaties (BITs), with a more liberal approach to investor protection, and the early-2000’s free trade agreements (FTAs), with more lenient clauses to the state’s regulatory powers. However, he…
…benefit”. The Tribunal found that mortgages are in rem rights (derechos reales) under Mexican law, while treaty practice confirms the same understanding, as Mexico had concluded other 22 BITs where…
…Achmea (with respect to intra-EU BITs; see Blog’s coverage here) and Komstroy (Case C-741/19, as regards intra-EU disputes under the ECT; see this previous post) to ad hoc arbitration agreements…
…local legal system, and a better track record in implementing agreements to arbitrate and arbitral awards. BITs have also caused the development of regional arbitration centers, such as in the…
…arising out of Mexico-U.S. investments under the new USMCA; the termination, in view of their ISDS clauses, of intra-E.U. bilateral investment treaties; and the proposal championed by the E.U. to…
…States seeking Cross-Disclosure States should ideally consider addressing this issue at a treaty-level, for instance by ratifying the Mauritius Convention (or incorporating similar provisions into the BITs) and/or administering arbitrations…
…Convention (the “NYC”) and BITs concluded between Egypt and many other states. Indeed, by providing the Government with a tool to challenge an ICSID awards, the Draft Law falls afoul…
…for it. More generally, the entire EU and EU Member States’ agenda (the plurilateral treaty for the termination of all intra-EU BITs, the EU’s proposal in the ECT modernisation process,…
…be held to arbitrate intra-EU investment protection disputes. This, it believes, is justifiable as it is established EU law that arbitration clauses in investment protection instruments governing intra-EU investments cannot…
…on account of the finding of fraud, could also imperil the enforcement of awards obtained against India by Devas’ investors under BITs. This is particularly concerning in light of India’s…
…measures remains rather obscure (see Art. 8.13, EU Japan). These clauses inject some political content into DoB clauses. Yet, they do not normally provide for any procedural guarantees. It may…
…on the basis of an intra-EU BIT are incompatible with EU law, this approach was ‘debatable’ in respect of proceedings initiated before a state’s accession to the EU. The Advocate…
