Search Results for: intra-eu bits

Arbitration, Arbitration Proceedings, BIT, International arbitration, Intra-EU BITs, Investment Arbitration, Joint Interpretation Clauses, NAFTA, Vienna Convention on the Law of Treaties

(University of Naples Federico II)/ /Leave a comment

…Agreement for the Termination of all Intra-EU Bilateral Investment Treaties is one such example (see here and my take in Rivista di diritto internazionale privato e processuale, 4/2020, p. 843)….

BIT, Blockchain, Cryptocurrency, ICSID Convention, Washington Arbitration Week

(ArbTech), (Xtrategy LLP), (Concepción Global, PLLC, Universidad Complutense de Madrid), and / /Leave a comment

…This post highlights the panel on ‘Investment Treaty Arbitration in the Digital Era: Using BITs to protect Cryptocurrency Investments?’ Cristen Bauer (U.S. Department of Commerce) moderated the panel consisting of…

Arbitration, Conciliation, ICSID, ICSID Amendments, Mediation, Mediation and Dispute Management

(International Centre for Settlement of Investment Disputes)/ /Leave a comment

In 2021, ICSID conducted an extensive survey of dispute resolution clauses in bilateral investment treaties (BITs), free trade agreements (FTAs) and other treaties (including model treaties). The data set comprised…

Achmea, Enforcement, EU Law, Europe, European Law, European Union, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS

(Lenz & Staehelin)/ /Leave a comment

…intra-EU BITs and that any such proceedings seated in Germany are therefore extremely unlikely to succeed.   Procedural background The decision relates to an arbitration initiated in February 2020 under…

Corporate Restructuring, ICSID, ICSID contract-based disputes, ICSID Convention, ICSID denunciation, MFN extension, Peru, Sunset clause

(GST LLP) and (B. Cremades & Asociados)/ /Leave a comment

…review the applicable BIT’s, as most of them provide for longer sunset clauses and alternative dispute resolution forums such as UNCITRAL and ICSID Additional Facility. For instance, most BIT’s subscribed…

Additional Facility Rules, ICSID, International Investment Arbitration, Jurisdiction, Most Favoured Nation (MFN)

(Coz & Blavi)/ /Leave a comment

…In essence, the Arbitral Tribunal found that 1) Venezuela’s consent to arbitration under the ICSID Additional Facility Rules (AF Rules) (in accordance with the relevant provisions of the applicable BITs)…

ECT Modernisation, Energy Charter Treaty, EU Law, EU Permanent Court, Regime Interaction, Regime Interaction in Investment Arbitration

(NL-Investmentconsulting)/ /Leave a comment

…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)…

Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration

(Climate Change Counsel)/ /Leave a comment

…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…

BIT, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Sustainability

(Durham Law School), , and (The Australian National University)/ /1 Comment

…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…

2021 in Review, ICSID Amendments, Investor-State arbitration, ISDS Reform, ITA, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

and (The Australian National University)/ /Leave a comment

…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…

Consistency, Exchange rate, Investment Arbitration, Latin America, quantum, Transfer of Funds Clauses

(Baker McKenzie)/ /Leave a comment

…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…

Brazil, foreign direct investment

(Lyon Catholic University) and (Bank of Northeast - Brazilian Regional Development Bank)/ /Leave a comment

…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…

2021 in Review, Brazil, Colombia, Ecuador, Energy, ICSID Convention, Investment Arbitration, Latin America, Mexico

(Locke Lord LLP)/ /Leave a comment

…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…

China, EU Law, European Union, Investment, Investment agreements, Investment law, Investment protection, Investment Treaties

, , (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

…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…

Amparo, Creeping expropriation, Energy counter-reform, Impact, Mexico

, / /Leave a comment

…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…

Charles N. Brower, Damages, Energy counter-reform, Mexico, State defense

, / /Leave a comment

…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…