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

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

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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

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

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

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

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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

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

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[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

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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

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

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

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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

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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

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

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

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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

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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

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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

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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

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

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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

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An overview of our reporting from September-December 2018

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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”

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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

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

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

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

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

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

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

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

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

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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

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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

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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

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

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

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