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
In an ongoing NAFTA Chapter 11 investor-state dispute (Tennant Energy v Canada), the claimant raised the rather novel question about whether the EU General Data Protection Regulation (GDPR) was applicable to arbitration proceedings. Tennant Energy had, amongst other things, referred to the fact that one of the arbitrators, Sir Daniel Bethlehem QC, was a UK … Continue reading The need for a Data Protection Protocol for arbitration proceedings
On 30 April 2019, the Court of Justice of the EU (CJEU) issued its long-awaited Opinion 1/17 regarding the question raised by Belgium of whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the CJEU not only removes the remaining obstacle for the … Continue reading Court of Justice of the EU approves CETA investment court system
In the first week of April, the UNCITRAL Working Group III (Investor-State Dispute Settlement Reform) will continue its work replacing the currently existing investor-state dispute settlement (ISDS) with a multilateral investment court (MIC) in New York.
As in most international agreements, the Brexit withdrawal agreement (which has been agreed at negotiators’ level but has yet to receive approval in the UK Parliament) contains a dispute resolution clause to resolve any disputes on its interpretation or application.