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The European FDI Regulation: What You Need to Know

The EU Foreign Direct Investment Regulation will be in full force from October 11, 2020. We expect it will radically alter the dynamics of foreign investment review in Europe. Any non-EU investor and any EU target company...more

COVID-19 and EU FDI: Towards a European CFIUS

Strong signal that the EU wants to protect its critical businesses and that the European Commission’s “advisory” role under the EU FDI Regulation will be significant . Key Takeaways - In response to concerns raised by...more

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

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

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

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

ECJ Decision Looms Large on the Future of Trade Agreements and Investor-State Arbitration with the EU

The Court of Justice of the European Union decided last week that free trade agreements concluded with the EU must receive prior approval by each Member State if they provide for investor-State arbitration. The ruling, given...more

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

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