No doubt, the Energy Charter Treaty (ECT) has become the hottest topic in the investment treaty arbitration world. Not only are EU Member States the
Tag : Intra Eu Investment Arbitration
After more than two years of an ever-evolving Achmea-saga, we shall now reap the fruits. Many arbitral tribunals have rejected the application of the
After the Court of Justice of the European Union (“CJEU”) rendered the Achmea decision, heated discussions on its impact ensued. Particularly,
Whenever litigating against states or sovereign entities – or international organisations for that matter – outside of their home jurisdiction
Termination of Intra-EU BITs – Commission and Most Member States Testing the Principle of Good Faith under International Law
The long-awaited Agreement to terminate intra-EU BITs (bilateral investment treaties) was signed on 5 May 2020 (the “Termination Agreement”).
Could the Strasbourg Court be a Trump Card in the Enforcement of Arbitration Awards in Intra-EU ECT Disputes?
The aftermath of Achmea Since the judgment of the Court of Justice of the European Union (CJEU) in Achmea, defending EU Member States and the
Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention
In a decision likely to enthuse investors willing to enforce intra-EU ICSID awards in the UK, the UK Supreme Court unanimously held yesterday that
Florian StefanThe tendency of arbitral tribunals constituted under the Energy Charter Treaty (ECT) to reject intra-EU jurisdictional objections,
Nikos LavranosThe regular readers of the Kluwer Arbitration Blog will recall my blog at the beginning of this year in which I predicted that 2019
A Critique of EU’s Double Standards on Dispute Resolution Mechanisms in Bilateral Investment Treaties and Double Taxation Treaties
Danilo Ruggero Di BellaThis post aims at highlighting an inconsistency in the law of the European Union (“EU”) in regards to the comparison of
Danilo Ruggero Di Bella and Josep GálvezIntroduction The approaching BREXIT, in conjunction with the recent Svea Court of Appeal‘s decision