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Intra-European Union Treaties & Claims

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Recent articles

  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 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
  Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that “politics” is not a dirty word
  ANALYSIS: ECT’s stability clause does not immunize foreign investors from legal changes in Hungary; arbitrators see no clash between ECT and Hungary’s EU law obligations
  Ad-hoc arbitration tribunal is hearing German investor’s claims against Czech Republic following bankrupting of investment project
  Hungary prevails in Energy Charter Treaty arbitration
  Investor warns Poland of arbitration unless permit is green-lighted for resumed construction of Liebskind-designed tower in Warsaw
  Intra-EU BIT cannot be relied upon by EU national for purposes of suing another EU state, says European Commission to arbitral tribunal
  Turkey prevails in Uzan-related $19 Billion arbitration claim; Dutch national unable to prove legal ownership of disputed telecoms firm
  Arbitrators ask European Commission to weigh in on intra-EU BIT validity as states continue to plead that such treaties lapsed upon EU entry
 
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