For AfricArb
The evolution of foreign direct investment in the African continent
The African continent has been an important recipient of foreign investment for many decades, with a significant rise…
On 6 March 2018, the Court of Justice of the European Union ("CJEU") issued its long-awaited decision in the Achmea case (C-284/16) between the Slovak Republic and Dutch insurer Achmea BV.
In Achmea,…
The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of Allen & Overy, nor those of its clients.
Introduction
Recent years have…
The first half of the year has been a rollercoaster when it comes to BITs and ISDS, in particular in Europe. Several developments at various levels can be distinguished with one common denominator:…
Over the past two months, the judgment by the Court of Justice of the European Union (“CJEU”) in Slovak Republic v Achmea BV, hereinafter referred to as “Achmea”, has created much discussion among…
The world after the Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April 2018, a representative of the EU…
After three high-value infrastructure and energy projects cases at ICSID and the Permanent Court of Arbitration, Bosnia and Herzegovina (“BiH") is now facing a new US$40 million investment treaty…
In the context of the backlash against investor-state dispute settlement (“ISDS”), one of the main criticisms is the asymmetric nature of investment treaties, which impose numerous obligations on the…
The CJEU judgement issued in the much-discussed (here and here) C-284/16 Slovak Republic vs. Achmea case has every chance of becoming a game changer in the field of the investment protection regime…
