Posts by Nikos Lavranos

  • Lex superior: How EU law trumps investment law

    In the recently issued Green Power Partners K/S, SCE Solar Don Benito APS v. Kingdom of Spain award, for the first time ever, an SCC arbitral tribunal established under the Energy Charter Treaty (ECT) declined jurisdiction by accepting the Achmea jurisdictional objection.

  • Game over for intra-EU BITs

    On 24 October 2019, the European Commission announced that EU member states have reached agreement on a plurilateral treaty for the termination of all of the approximately 190 intra-EU bilateral investment treaties (BITs). The agreement follows the political declarations of member states, issued in January this year, in which they recognised the consequences from the … Continue reading Game over for intra-EU BITs

  • Black Tuesday: the end of intra-EU BITs

    In his Opinion, Advocate General Wathelet in Achmea v Slovak Republic some six months ago argued that intra-EU bilateral investment treaties (BITs) and investment treaty arbitration based on those BITs are compatible with EU law. More specifically, he opined that arbitral tribunals established on the basis of intra-EU BITs should be considered similar to the domestic courts of EU … Continue reading Black Tuesday: the end of intra-EU BITs

  • Wrapping up the 3rd EFILA Annual Conference

    On 5 February 2018, about 100 participants attended the 3rd EFILA Annual Conference, entitled Parallel States’ Obligations in Investor-State Arbitration, which took place at Senate House in London.

  • The UK’s push for new trade deals: obstacles and opportunities

    UK Prime Minister May was the first foreign leader to visit US President Trump, thereby underlining the “special relationship” between the UK and the USA. One of the aims of the visit was to kick-start negotiations for a trade deal between the UK and the USA.

  • Romania’s termination of its intra-EU BITs: a counterproductive move

    In September 2015, it was reported that the Romanian President submitted draft legislation to the Parliament approving the termination of Romania’s 22 intra-EU bilateral investment treaties (BITs). The main reason given for this move is the pressure the European Commission (Commission) has imposed on EU member states for several years now.

  • Post-Brexit bilateral trade deals in the making

    After the initial shock of the outcome of the referendum in the UK, in which a slight majority voted for leaving the EU, the UK government has started considering the options of shaping the UK’s trade relationships post-Brexit.

  • Social media and arbitration

    One of the main catalysts for firing up the campaign against investor-state dispute settlement (ISDS) as contained in investment treaties has been the effective use of social media tools by non-governmental organisations (NGOs), local communities and other civil society stakeholders.

  • The end of intra-EU BITs is nearing

    On 2 May 2016, it was reported that Denmark has proposed to the other EU member states to mutually terminate the existing bilateral investment treaties (intra-EU BITs) between them.

  • Argentina: back to business?

    When Argentina defaulted for more than $80 billion in debt in 2001, it became embroiled in numerous court proceedings and investment arbitration disputes involving all types of investors from around the world. For more than a decade Argentina managed to avoid paying its debts or at least offer some level of compensation. This in turn resulted … Continue reading Argentina: back to business?