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Investor State Dispute Settlement (ISDS) European Union

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

Jones Day

The Climate Report | First Quarter 2022

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The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more

King & Spalding

One Step Closer: the Canada - EU Investment Court System

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On January 29, 2021, Canada and the European Union (the “EU”) took additional steps to establish the EU-Canada Comprehensive Economic and Trade Agreement (the “CETA”)[i] by adopting four decisions required to implement its...more

King & Spalding

Enforcing the Level Playing Field in the EU-UK Trade and Cooperation Agreement

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In December 2020, the EU and UK announced the conclusion of a free trade agreement or ‘Association Agreement’, termed the Trade and Cooperation Agreement (“TCA”). The TCA has two core features. First, the TCA is a free trade...more

ArentFox Schiff

EU and Canada Adopt Rules Fleshing Out CETA’s Dispute Settlement Procedure

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On January 29, 2021, the EU and Canada adopted four important decisions to ready the novel Investment Court System (ICS) for disputes arising under the EU-Canada Comprehensive Economic and Trade Agreement (CETA)...more

ArentFox Schiff

Understanding the Direction of Investor-State Dispute Settlement in 2020: By the Numbers

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The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics. This information indicates...more

K&L Gates LLP

Two Heads Are Better Than One: Double Hatting and Its Impact On Diversity In International Arbitration

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In recent years there has been increasing focus on arbitrators also acting as counsel, a practice known commonly as ‘double hatting’ or ‘dual hatting.’ This can result, for example, in arbitrators appearing as counsel before...more

Blake, Cassels & Graydon LLP

EU’s Top Court Rules Investment Protections Under CETA are Compatible with EU Law

In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are...more

King & Spalding

European Court Clears Path for International Investment Court Established Under Canada-EU CETA

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The Comprehensive Economic and Trade Agreement (“CETA”) is a free-trade agreement between Canada and the European Union. While most of the treaty’s provisions have applied provisionally since September 21, 2017, the treaty’s...more

Dechert LLP

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

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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

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

Dechert LLP

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

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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

Hogan Lovells

Agreeing how to disagree: Brexit, future EU-UK agreements and the need for an umpire

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What good is a cricket game without an umpire? While both teams might be applying the same rules, situations often crop up in which a definitive interpretation must be given, and the rules of the game enforced. The same...more

A&O Shearman

International trade law and environmental protection – a new era?

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The UK’s decision to leave the EU has raised inevitable questions about whether the UK will continue to align itself to European environmental laws and standards or take a divergent path. There is also considerable...more

Blake, Cassels & Graydon LLP

The CETA Saga: Can Final Negotiations Save the Agreement?

The road to completion of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union has been a rough ride since negotiations began in 2009, and it did not get any smoother in October 2016,...more

Latham & Watkins LLP

International Arbitration Newsletter - July 2016

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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

BCLP

International Investment Arbitration in Europe: Year in Review 2015

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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

Akin Gump Strauss Hauer & Feld LLP

The Rise in Arbitration Claims Filed by Renewable Energy Investors Under the Energy Charter Treaty

In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more

Blake, Cassels & Graydon LLP

ICSID Tribunal Upholds High Threshold for Granting Provisional Measures and Ordering Security for Costs

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order...more

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