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Bilateral Investment Treaties European Union

Hogan Lovells

EU Member States reach agreement on ECT arbitration clause

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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

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Seyfarth Shaw LLP

The Future of Bilateral Investment Treaty Arbitrations in the European Union

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The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more

Pillsbury Winthrop Shaw Pittman LLP

Expropriations Related to the Russia Sanctions May Trigger Liability under Investment Treaties

Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more

A&O Shearman

Intra-EU disputes cannot be arbitrated under the Energy Charter Treaty, says the Court of Justice of the European Union

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On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union (the Court) delivered its judgment in Case C-741/19, Republic of Moldova v Komstroy LLC, finding that the acquisition of a claim arising...more

McDermott Will & Emery

The EU-China Comprehensive Agreement on Investment: A First Glance

On 30 December 2020, the leaders of China and the European Union jointly announced the completion of the negotiation of the EU-China Comprehensive Agreement on Investment (CAI) as scheduled. Following the post-Brexit trade...more

Jones Day

EU and China Reach Landmark Agreement in Principle on Investment

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On 30 December 2020, the EU and China concluded in principle the negotiations for a wide-ranging investment treaty, the Comprehensive Agreement on Investment ("CAI"), after seven years of discussions. The CAI is expected...more

Hogan Lovells

Beyond Brexit transition – bilateral investment treaties

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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

Orrick, Herrington & Sutcliffe LLP

The Ill-fated Termination of Intra-EU Bilateral Investment Treaties

In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more

Morgan Lewis

ICSID Tribunal Confirms Jurisdiction to Hear Multiparty Arbitration by International Investors

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An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by...more

Akin Gump Strauss Hauer & Feld LLP

Potential treaty claims against the United Kingdom, whatever the result of the General Election

With the UK General Election on 12 December 2019 only days away, both of the leading parties are promising policies that in different ways may impact inward investors into the UK. Whether this is the rapid Brexit promised by...more

Dechert LLP

Intra-EU Arbitral Award Enforced in the U.S. – Achmea Objection Dismissed by D.C. District Court for the First Time

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A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more

A&O Shearman

The General Court comes to Miculas’ aid

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Introduction - In a decision rendered on 18 June 2019 (joint Cases T 624/15, T 694/15 and T 704/15), the General Court of the European Union (the Court) annulled the European Commission’s (the EC) decision 2015/1570 of 30...more

Sheppard Mullin Richter & Hampton LLP

International Arbitration, Investment Protection and EU State Aid Rules: the General Court of the EU Annuls the European...

In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The factual...more

White & Case LLP

United States Releases Annual Assessment of Foreign Trade Barriers

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On March 29, 2019, the Office of the United States Trade Representative (USTR) published its annual National Trade Estimate (NTE) Report on Foreign Trade Barriers, which "highlights significant foreign barriers to U.S....more

WilmerHale

Investment Disputes Arising From Regulatory Changes in Clean Energy

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This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more

Dechert LLP

Advocate General of EU’s Highest Court Weighs in Favor of an Investment Court System

Dechert LLP on

The Comprehensive Economic and Trade Agreement (“CETA”) concluded between Canada and the European Union (“EU”) celebrated its first birthday in September last year. While both Canada and the EU have reported that the benefits...more

A&O Shearman

Micula: ICSID enforcement before the English Court of Appeal

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Striking a balance between the UK’s obligations under the ICSID Convention and under EU law - ?On 27 July 2018, the Court of Appeal delivered its judgment in Viorel Micula and others v Romania and European Commission...more

Hogan Lovells

Newsflash: The Netherlands' new Draft Model Bilateral Investment Treaty, a proposal for a new investment protection regime

Hogan Lovells on

Since 2011, the compatibility of the States' consent to investment arbitration in Bilateral Investment Treaties (BIT) with European Union law (EU law) has been strongly discussed in Europe. ...more

Holland & Knight LLP

New Mexico-EU Trade Agreement Sets Rules on Investor-State Dispute Settlement

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• The European Union (EU) Commission and the Mexican Ministry of Economy published in April 2018 the negotiated text of the modernized EU-Mexico Free Trade Agreement (FTA), although it is not expected to take full effect...more

Blake, Cassels & Graydon LLP

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is...more

K&L Gates LLP

Brussels Regulatory Brief: April 2018

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Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more

King & Spalding

Energy Newsletter - April 2018

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FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more

King & Spalding

European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into...

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In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more

Jones Day

Restructuring Recommended after CJEU Decision on Intra-EU Bilateral Investment Treaties

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The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more

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