By Agata Daszko On 27 July 2023, Germany’s Federal Court of Justice (Bundesgerichtshof or BGH) issued a long-awaited decision (I ZB 43/22, I ZB 74/22 and I ZB 75/22) pertaining to intra-EU arbitration on the basis of the Energy Charter Treaty (“ECT”). The decision? “Upstream national legal protection is possible against intra-EU investor-State ICSID arbitral … Continue reading Germany’s Top Civil Court Declares: “primacy of application of Union law – also vis-à-vis public international law” in intra-EU investment arbitration
By Anastasia Choromidou and Mark Konstantinidis In May 2023, an ICSID ad hoc committee contributed the latest episode to the Spanish solar arbitration saga, by rejecting Spain’s arguments based on the CJEU Komstroy ruling on intra-EU arbitration. The BayWa v Spain annulment decision reflects the tense, from a doctrinal and institutional perspective, relationship between EU … Continue reading BayWa v Spain: No annulment for old objections
By Emma A. Iannini It was not so long ago that many attorneys, academics, and European intellectuals might have described the EU and the Court of Justice of the European Union (“CJEU”) as one of the crowning achievements of public international law. Despite its self-described sui generis nature, there is no doubt that the EU, … Continue reading Euroscepticism: A Driver of the EU’s Clash with ISDS and Public International Law?
By Herbert Woopen I. Introduction: The EU’s ambition The EU has for a long time wished to be the frontrunner for innovative investments in green technology and strived to secure future economic growth for European companies exporting products for a sustainable world economy, products that are and will be invented in Europe. These intentions deserve … Continue reading Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)
By Dr. Philipp Stompfe, LL.M. (London)* In March 2018, following an initiative of Germany, France and Italy, the Council of the European Union (“EU”) approved a Regulation on establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“Regulation”). The new Regulation entered into force on 10 April 2019 and will … Continue reading Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union
José Rafael Mata Dona1 As in the previous session of the stakeholder meeting organized by the European Commission (see here), this roundup started with a brief recap of the whole process of the UNICTRAL Working Group III (for a more detailed review of the EU’s proposal for a MIC and ISDS reform under the auspices of UNCITRAL … Continue reading Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 15 January 2020)
José Rafael Mata Dona A week before the autumn session in Vienna of the UNCITRAL Working Group III, the EC held a Stakeholder meeting in Brussels on the subject of the establishment of a Multilateral Investment Court. The initiative took place as part of the EC Commitment to Transparency. During the introductory speech, Collin Brown (Dispute … Continue reading Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)
Prof. Nikos Lavranos, Secretary General of EFILA In December 2018, the EU institutions agreed on the text for an EU Regulation establishing a mechanism for screening all foreign investments into the EU. In just over a year the EU institutions adopted this Regulation, which is unusually fast and reflects the apparent political will of the … Continue reading The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?
Shilpa Singh Jaswant, LLM (Hamburg) The proposed investment court system by the European Commission aims to limit criticism revolved around Investor-State Dispute Settlement due to its lack of legitimacy, transparency and appellate mechanism. The investment regime under Comprehensive Economic and Trade Agreement with Canada (hereinafter “CETA”) and European Union-Viet Nam Free Trade Agreement (hereinafter “EUVFTA”) … Continue reading A New And Improved Investment Protection Regime: Truth Or Myth!
Alexandros Catalin Bakos, LL. M.* […] but this is not where or how it ends. Fate promises more twists before this drama unfolds…completely (in-game dialogue from the intro scene of the video game Soul Reaver 2). The EU’s backlash against intra-EU (Bilateral?) Investment Treaties – intra-EU (B)ITs – reached its peak when the CJEU issued … Continue reading Post-Achmea Energy Charter Treaty Coherence and Stability: Upheld or Hindered?