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Filtered : EU External Investment Policy

• European Commission lodges infringement proceedings against several EU member states for failure to terminate intra-EU BITs, and warns of possible CJEU case against Sweden

  Dec 02, 2021

• [Updated with document] European Commission addresses compatibility of ICSID Convention with EU law for the purpose of intra-EU arbitrations

  Nov 22, 2021

• CJEU decides that an ad hoc arbitration agreement identical to the investor-state arbitration clause of an intra-EU treaty is incompatible with EU law

  Oct 26, 2021

• Uncovered: ICSID ad hoc committee rejected Hungary’s bid to annul dismissal of intra-EU objection in food voucher dispute

  Oct 06, 2021

• Breaking: European court finds that ECT-based intra-EU arbitrations conflict with EU law

  Sep 02, 2021

• [Updated] EU Commission lodges state-aid investigation into Antin v. Spain ECT award, citing the CJEU’s Achmea judgment

  Jul 19, 2021

• PV Investors award against Spain is upheld at seat, as Swiss judges find that the arbitrators validly rejected efforts to reopen intra-EU objection

  Mar 23, 2021

• Germany’s constitutional court declines Achmea’s request for an order to halt ratification of intra-EU BIT Termination Agreement; PM decision reveals arguments about validity of the CJEU’s Achmea judgment

  Feb 05, 2021

• [Updated] CETA parties adopt decisions on appellate tribunal, joint interpretation procedure, code of conduct, and mediation rules

  Feb 01, 2021

• [UPDATED with links to the Agreement] EU and China agree on Comprehensive Agreement on Investment – but investor-state dispute settlement will be negotiated at a later stage

  Dec 30, 2020

• EC puts EU withdrawal from ECT on the table, in case its reform objectives are not met; Belgium asks EU court for opinion on modernization proposal

  Dec 03, 2020

• EU Advocate General sets out approach to Italy’s renewables reform, touching on interpretation of the ECT

  Oct 30, 2020

• Jurisdictional objections in Nord Stream 2 v. EU arbitration surface as the respondent argues for bifurcated proceedings

  Oct 05, 2020

• Jurisdictional award in V.V. Veeder-chaired ad hoc arbitration against Poland comes to light

  Sep 03, 2020

• [Updated] Invoking the EU Termination Agreement, Lithuania files claims against Veolia before local courts

  Jul 24, 2020

• ANALYSIS: Addiko v. Croatia tribunal applies unusual conflict of laws clause, but finds no inherent incompatibility between the Austria-Croatia BIT and the EU’s body of laws

  Jun 17, 2020

• Swedish court rejects Spain’s second request for a preliminary ruling on the validity of intra-EU ECT arbitration, and allows the EC to intervene in set-aside proceedings

  Jun 02, 2020

• EU court dismisses Nord Stream’s challenge against natural gas directive, and orders that confidential documents be removed from the case file

  May 22, 2020

• European Commission initiates infringement proceedings against the United Kingdom and Finland over failure to terminate intra-EU BITs

  May 14, 2020

• Breaking: EU member states sign plurilateral treaty to terminate intra-EU BITs

  May 06, 2020

• EU’s second draft proposal for Energy Charter Treaty renegotiation reaffirms the EU’s commitment to a multilateral investment court, proposes a provision on valuation of damages, and addresses public debt restructuring in post-COVID 19 context

  May 04, 2020

• EU’s ideas for Energy Charter Treaty renegotiation come to light; draft proposals still open to member-state comment, but include 3PF provisions, security for costs, expedited objections, and clearer denial of benefits

  Mar 26, 2020

• Three are named to hear yet another renewable energy claim against Spain

  Mar 20, 2020

• Jurisdictional decision in PV Investors v. Spain surfaces: majority of Kaufmann-Kohler/Sepulveda-Amor declines jurisdiction over domestic claimants under the UNCITRAL Rules; Brower disagrees

  Mar 20, 2020

• Analysis: In latest award against Spain, arbitrators decide that investors in small-hydro plants could not reasonably expect fixed incentives, but were entitled to a reasonable rate of return

  Mar 13, 2020

• Hungary fails to annul award in favour of French investor at ICSID

  Mar 11, 2020

• UK Supreme Court finds in favour of Micula brothers and lifts stay of enforcement of ICSID award

  Feb 19, 2020

• ANALYSIS: Leaked records of US-UK discussions between negotiators, offer insights into thinking on investment obligations and dispute settlement

  Nov 28, 2019

• European Commission seeks mandate to negotiate overhaul of “outdated” Energy Charter Treaty provisions on behalf of EU Member States 

  May 15, 2019

• ANALYSIS: the European Court of Justice’s reasons for upholding the compatibility of CETA’s investor-state mechanism with EU law

  Apr 30, 2019

• BREAKING: European Court of Justice confirms compatibility of CETA’s investor-state dispute mechanism with EU law

  Apr 30, 2019

• [UPDATED with full analysis]: Belgium and Luxembourg unveil model bilateral investment treaty text, with party-appointed ISDS mechanism enjoying a temporary foothold

  Apr 24, 2019

• ANALYSIS: Singapore reverts to long-standing template in latest investment treaty negotiation with Kazakhstan, with most innovations of EU-Singapore treaty absent from finalized text

  Feb 03, 2019

• In-Depth: Unpacking the ECJ Advocate General’s reasons for finding that investor-state dispute settlement in Canada-EU Trade Agreement is compatible with EU Law

  Jan 29, 2019

• ECJ Advocate General finds that investor-state dispute settlement in Canada-EU Trade Agreement is compatible with EU law

  Jan 29, 2019

• An overview of our reporting from September-December 2018

  Jan 04, 2019

• ANALYSIS: EU-Mexico investment text is released, allowing for comparison with other agreements; permanent two-tier system of adjudication is envisioned

  May 02, 2018

• ANALYSIS: final text of EU investment agreement with Singapore is unveiled, offering clarity on protections and dispute settlement provisions

  Apr 19, 2018

• ANALYSIS: EU’s highest court is asked once more to weigh in on international investment law questions – this time by Belgium in relation to CETA’s “investment court system”

  Sep 06, 2017

• EU Court determines that some key aspects of Singapore-EU FTA investment chapter, including ISDS, require that it be submitted for ratification in all EU member-states

  May 16, 2017

• Indian BIT negotiator clarifies country’s stance on exhaustion of remedies, and offers update on status of country’s revamp of bilateral investment treaties

  Mar 31, 2017

• ANALYSIS: Canada-EU treaty sees radical changes to investment dispute settlement, as Canada falls in line behind EU demands for reforms

  Feb 29, 2016

• Europe’s latest TTIP investment proposal cloaks arbitration in judicial robe, tightens ethical screws (further), and thinks seriously about small claims

  Nov 17, 2015

• ANALYSIS: European Commission’s newly-released investment treaty model departs in significant ways from recently-concluded Canada pact

  Sep 17, 2015

• As Canada straddles CETA and NAFTA, an effort is made in a new pleading to define legitimate expectations

  May 26, 2015

• Seven years later, Norway takes second stab at a model investment treaty; but two dramatic proposals are now off table

  May 18, 2015

• European Commission favors more judicialization of ISDS in near term – a multilateral court in the longer term

  May 05, 2015

• ANALYSIS: Germany’s Economic Ministry floats a fleshed-out vision of what a permanent investment tribunal might look like

  May 05, 2015

• ANALYSIS: What this week’s European Commission initiative on transparency will (and will not) cover

  Jan 30, 2015

• European Commission’s DG Trade tries to intervene for first time in an extra-EU BIT case to offer “systemic” views, but ill-timed application is rejected

  Jul 09, 2014

• Fate of more than a thousand European bilateral investment treaties is sealed in latest deal

  Nov 14, 2012

• Brussels’ thinking on future of extra-EU investor-state dispute settlement comes into focus after much give and take with member-states

  Oct 22, 2012

• EU and member-states find common ground on roster-system for arbitrators, heightened ethics rules, and broader transparency

  Oct 22, 2012

• European Commission unveils proposal for who should bear brunt of future investment arbitrations; member-states could continue to be respondents in some cases

  Jun 21, 2012

• EU member-states approve negotiating guidelines for India, Singapore and Canada investment protection talks; some European governments fear “NAFTA-contamination”

  Sep 23, 2011

• Unpublished discussion paper gives overview of European Commission trade department’s recent thinking on foreign investment dispute settlement

  Jun 09, 2011

• European Commission’s trade department floats idea of ICSID as clearing-house for all investment disputes under future EU agreements; Washington-based Centre seen as well-placed to promote EU’s transparency objectives

  Jun 09, 2011

• ANALYSIS: As Brussels continues to clarify thinking on investment dispute settlement in discussion paper, spotlight settles on legitimacy concerns plaguing current brand of investor-state arbitration

  Jun 09, 2011

• After tight vote in committee, entire EU Parliament to weigh into debate over future of 1200+ bilateral investment treaties between member-states and non EU states

  May 03, 2011

• As EU Trade Policy Committee prepares to meet, views diverge on European Commission’s plans for investment treaties with external trading partners

  Nov 04, 2010

• European Commissioners send investment policy proposals back for further work

  Jul 02, 2010

• Details of EC Investment negotiating approach begin to emerge as announcement looms

  Jun 16, 2010

• ANALYSIS: Multitude of safeguards and exceptions make for baroque Canadian BITs with Romania, Latvia, Czech Republic

  May 11, 2009

• ANALYSIS: Closer look at substantive and procedural features of new Canadian BITs with Czech Republic, Romania and Latvia

  May 11, 2009

• Canada’s new BITs with several EU member-states reflect EU requirements and Canadian reform agenda

  May 11, 2009

• British Institute to host discussion on European Union BITs and EU law

  Jun 03, 2008