News & Analysis as of

Bilateral Investment Treaties European Union

EU Court confirms EU competence on wide range of trade areas in opinion on EU-Singapore FTA

by White & Case LLP on

Following the Advocate General's related advisory opinion in December 2016, the Court of Justice of the EU (CJEU) has delivered its Opinion (2/15) on the EU-Singapore FTA. While the Court's Opinion confirms that the EU alone...more

The UK and the World Trade Organization (WTO): What Happens After Brexit?

by White & Case LLP on

On 29 March 2017, the UK will formally trigger the Article 50 process to begin the negotiations for Brexit. If there is a 'hard Brexit' in 2019, the UK would trade with the EU – along with most of the rest of the world – on...more

South Africa’s Protection of Investment Act

by Dentons on

Since 2012, South Africa has terminated the bilateral investment treaties (BITs) with European countries such as Denmark, Spain, Germany, Belgium, Luxembourg, Switzerland and the Netherlands. South Africa’s BITs with Russia...more

Arbitration World

by K&L Gates LLP on

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

Brexit and Investment Treaty Arbitration

by K&L Gates LLP on

In this article, we consider the current and potential effects of Brexit on investment treaty arbitration. Likely implications concern: the negotiations of the trade and investment agreements between the European Union and...more

Potential Legal Implications Arising from "Brexit"

by Foley Hoag LLP on

On June 23, 2016, the United Kingdom (UK) voted by way of an advisory referendum to leave the European Union. While the result will not take immediate legal effect, incoming Prime Minister Theresa May has indicated that...more

International Arbitration Newsletter - July 2016

by Latham & Watkins LLP on

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

Singapore and the Brexit Effect

by Morgan Lewis on

On 23 June, 52% of UK voters voted in favour of leaving the European Union, which has generated considerable uncertainty about the United Kingdom’s future relationship with Europe and, as a result, the wider world, including...more

International Investment Arbitration in Europe: Year in Review 2015

by Bryan Cave on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

Ground-breaking referral: Are arbitration clauses in BITs between EU Member States void?

by Reed Smith on

In recent years, the number and economic relevance of bilateral investment treaties (“BITs”) has significantly increased. BITs are international treaties which provide for assurances in favour of investors from the...more

Investment in Iran After Implementation Day

by WilmerHale on

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

The EU succeeds in establishing a permanent investment court in its trade treaties with Canada and Vietnam

by Dechert LLP on

The European Commission has recently successfully negotiated a new trade pact with Canada (referred to as the Comprehensive Economic and Trade Agreement or ‘CETA’) and one with Vietnam (the ‘EU-Vietnam FTA’) which...more

Polish Government considers termination of all the bilateral investment treaties – will this affect foreign investments in Poland?

by Dentons on

The Polish Government’s announcement that it would consider terminating its bilateral investments treaties (BITs) with other countries has been the focus of a great deal of attention in the last few weeks....more

Energy Newsletter - November 2015

by King & Spalding on

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

The EU’s new trade and investment policy in a nutshell

by White & Case LLP on

A new template for future initiatives - On 14 October 2015, the European Commission revealed its long-awaited communication setting out an updated trade and investment policy for the EU, entitled “Trade for all: Towards...more

Expect Focus – International, Summer 2015

by Carlton Fields on

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules...more

TTIP’s Impact on U.S. and EU Trade Relations

by Carlton Fields on

The United States and the European Union (EU) together represent 60 percent of global GDP, 33 percent of world trade in goods and 42 percent of world trade in services. Direct investment in each other’s economies totals more...more

EC's Infringement Proceedings for Intra-EU BITs Cause Uncertainty for Investors

by Faegre Baker Daniels on

On 18 June 2015, the European Commission initiated infringement proceedings against five member states of the European Union for intra-EU bilateral investment treaties' (BITs) incompatibility with Article 351 of the Treaty on...more

European Commission Seeks Termination Of Five EU Member States’ Intra-EU Bilateral Investment Treaties

by Allen & Overy LLP on

On 18 June 2015, the European Commission (the Commission) initiated infringement proceedings against five European Member States seeking termination of their bilateral investment treaties (BITs) with other European Union (EU)...more

International Arbitration Newsletter

by Latham & Watkins LLP on

In This Issue: - The 2014 LCIA Rules - Latham & Watkins Secures Arbitral Award and Judgment When Respondent Fails to Post Full Security for Enforcement Stay - Ukraine Crisis: A Recap of the Latest US and EU...more

International Arbitration Newsletter - June 2014

by Latham & Watkins LLP on

In This Issue: -The ABCs of Arbitrating Outside of the New York Convention - Leading International Arbitration Partner Joins Latham & Watkins in Paris - US Supreme Court Revives International Arbitration...more

Developments in the Ukraine and Impact on Investments

by K&L Gates LLP on

As the tension in the Ukraine continues, particularly in relation to Crimea, foreign investors in the region will be monitoring developments with some concern. In addition to unrest on the ground in the Ukraine, both...more

A Giant Leap: EU-China Bilateral Investment Treaty Negotiations to Be Launched Formally

by McDermott Will & Emery on

Negotiations for a bilateral investment treaty between the European Union and China are expected to be formally launched during the EU-China Summit next week. Though the launch would be just the first step in a long...more

Energy Newsletter - October 2013

by King & Spalding on

In This Issue: - Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step? - European Union adds legislative weight to the promotion of transparency in the extractive...more

Cyprus Bailout: Potential Recourse for Lost Investments

by Morgan Lewis on

Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan....more

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