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Intra-European Union Treaties & Claims

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Recent articles

  Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute
  Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection
  Investor allegations of top-level political conspiracy not borne out, but some measures of Romania point to prosecutorial animus
  ANALYSIS: You don’t need to show damage to prove breach of BIT, but that also means that victorious claimants may walk away with no compensation
  First arbitration against Cyprus is in motion, with waiting period running on $1 billion claim arising out of nationalization of major bank
  Investment treaty arbitration against Greece looms after foreign bank gives notice of dispute due to “discriminatory” bail-out
  Investor’s nominee resigns in face of alleged “issue-conflict” challenge; Slovak Republic says BIT claim is an abuse of process
  Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
  ICSID tribunal is finalized for claim by two Italian investors (Gavazzi) in Romanian steel plant
  Dutch investor, Achmea, seeks to test limits of investment treaty arbitration by asking arbitrators to block state from expropriating its assets
  UNCITRAL tribunal chaired by Christopher Greenwood declines to let claimant use MFN clause to detour around highly-restrictive arbitration clause
  As investor in litigation-funded case (EuroGas) continues to rattle saber, Slovak Republic announces it will deny benefits under investment treaty
  Polish court rules on release of investment arbitration awards under Freedom of Information law
  Arbitrators selected to hear billion-dollar treaty claim by Vattenfall arising out of Germany’s phase-out of nuclear power generation
  Investor announces victory in intra-EU BIT arbitration with Slovakia arising out of health insurance policy changes
  ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated
  ANALYSIS: Measures other than outright termination of power purchase agreement fail to rise to level of treaty breaches by Hungary in Electrabel arbitration
  Tribunal in Electrabel case finds that Hungary did not breach Energy Charter Treaty, but one claim reserved for future determination
  Poland prevails in intra-EU BIT case; UNCITRAL arbitration chaired by V.V. Veeder rejects mistreatment claims of German investor
  Poland and Armenia neglect to release arbitral awards under domestic freedom of information laws
  Lithuanian investor asks for ICSID to play hands-on role at outset of new arbitration against Latvia
  Romania faces new arbitrations at ICSID over steel plant, and at ICC in unrelated environmental dispute
  In newly-unearthed jurisdiction ruling, UNCITRAL Tribunal ruled on compatibility of BITs with EU law and declined to consult ECJ; effective nationality of claimants also studied
  AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
  In new arbitral award, Fortier, Stern and Alvarez diverge with respect to German investor’s claims against Czech Republic
  Germany is sued at ICSID by Swedish energy company in bid for compensation for losses arising out of nuclear phase-out
  Newly-released arbitral award shows Slovak Republic did not thwart legitimate expectations of Dutch investors in Oostergetel case
  Tribunal finds no expropriation, denial of justice, or lack of full protection and security in Oostergetel v. Slovak Republic case
  Annulment Committee rejects Turkey’s bid to lift stay of enforcement on $15 Million costs award against investor
  Arbitrator Brigitte Stern survives another bid to disqualify her – this time on grounds of alleged prejudgment of legal issues arising in intra-Europe BIT arbitration
  German Court rejects Slovak Republic’s suggestion that arbitrators were wrong to find jurisdiction over intra-EU investment treaty dispute
  Kaufmann-Kohler tribunal dismisses another intra-EU investment treaty claim against Slovak Republic; government has won four treaty claims to date, four more pending
  Italy put on notice of treaty claim arising out of economic austerity
  Long-running dispute over bankrupt factory in Hungary leads to intra-EU BIT claim
  New ICSID Claims: Gas investors file against new Slovak Gov't; more claims for Equatorial Guinea and Turkmenistan
  In new ruling, Poland held liable for breach of intra-EU BIT
  Czech Republic announces dismissal of Swiss claim arising out of failed waste incineration plant
  Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings
  ICSID nixes effort by two blocs of investors in Hungary to unilaterally join their arbitral claims
  Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs
  Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes
  ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts
  Swedish energy company reportedly planning new ICSID arbitration over German nuclear phase-out
  As new arbitral claim is brought against Kyrgyzstan, an ICSID award remains unpaid
  Efforts to set-aside intra-EU BIT award likely to be abandoned, as Czech government claims victory in arbitration
  Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure
  France’s second largest pharmaceutical company quietly pursues arbitration against Republic of Poland
  Foreign investors withdraw request that arbitrators order government to reinstate certain incentives; as final award looms, arbitrators tell state officials to give two months notice before assets are seized in tax dispute
  Arbitrators to decline jurisdiction over $1 Billion arbitration claim by Dutch investor in Slovak health insurance sector
  Human Rights Court finds no damage suffered by foreign investors from shares freeze; parallel investment arbitration threatened against Czech Republic
  Czech Republic terminates investment treaties in such a way as to cast doubt on residual legal protection for existing investments
  Tribunal constituted in ad-hoc arbitration brought by Italian businessman against Lithuania citing flawed privatization tender process
  Bulgaria sued over cancelled waste contract
  AES seeks to annul losing verdict in energy dispute with Hungary
  German courts asked to overturn finding of jurisdiction by arbitral tribunal in intra-EU investment dispute
  Investors in mining project put Slovakia on notice of treaty claim; claimant hope to use treaty that was subject to narrow reading in prior arbitration
  Arbitrators uphold jurisdiction over investor claim against Slovakia; dispute over health insurance investments not derailed by Slovak accession to the European Union
  ANALYSIS: Tribunal rejects objections of European Commission and Slovak Republic in arbitration; Vienna Convention arguments examined in detail
  EC asks member-states to signal by year’s end whether they will terminate their intra-EU investment treaties; spectre of legal action looms
  European Commission and member-states will meet to discuss whether BITs are needed within European Union
 
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