On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more
On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text....more
The mining sector is playing, and will continue to play, an essential role in the energy transition. As demand for critical metals and minerals continues to intensify, a significant increase in foreign investment is likely to...more
On 13 July 2023, the International Court of Justice (“ICJ” or the “Court”) in Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua...more
After nearly two decades of on-off negotiations, agreement was reached on March 4, 2023 on a draft agreement under the United Nations Convention on the Law of the Sea (“UNCLOS”) on the conservation and sustainable use of...more
Critical raw materials, such as rare earths, lithium and cobalt, are essential to the energy transition and to modern and green technologies. As States compete to secure these materials, there is an increasing importance to...more
On September 30, 2022, Russian President Vladimir Putin purported to annex four Ukrainian provinces: Luhansk, Donetsk, Kherson, and Zaporizhzhia. This escalation is likely to trigger investment treaty claims against Russia....more
Disputes involving statutory and regulatory changes are traditionally subject to litigation before local courts or local administrative bodies. Nonetheless, international investment arbitration offers foreign investors an...more
In recent weeks, millions have watched videos that would appear to show actor Tom Cruise playing golf or performing magic tricks. To the naked eye, it would appear clear that Tom Cruise has simply decided to show off his...more
On 24 February 2021, the Higher Regional Court (Oberlandesgericht) of Koblenz sentenced a former Syrian secret police officer to a prison term of four and a half years for aiding and abetting crimes against humanity (judgment...more
A commitment of capital in a foreign state, particularly with long-term profit horizons, can be a risky undertaking. When a host state harms a foreign company's investment, the domestic legal system may not provide an...more
Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by...more
Governments around the world have responded to the COVID-19 pandemic with drastic, and at times divergent, measures that impact both the global economy at a macro level, and businesses in many sectors, at a micro level....more
On 11 April 2019 the Hogan Lovells International Arbitration team hosted a seminar on cybersecurity and the internet in International Investment Arbitration. It was a thoroughly interesting and informative session. ...more
4/18/2019
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On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV. The CJEU ruled that investor-State arbitration clauses in investment treaties concluded...more
Enforcing awards against states – is it becoming more difficult?
Energy companies frequently face disputes against states. If successful in such disputes, claimants have to enforce the award or judgment against the state's...more