The intersection between human rights and arbitration is often complicated and ambiguous. The recent discussion between the President of the European Court of Human Rights (“ECtHR”), Judge Robert…
The findings of the recent decision Ali Riza et al. v. Turkey ("Riza") of the European Court of Human Rights ("ECtHR") dated 28 January 2020, when read in conjunction with the ECtHR’s previous…
The aftermath of Achmea
Since the judgment of the Court of Justice of the European Union (CJEU) in Achmea, defending EU Member States and the European Commission have questioned the validity of the…
As it has been extensively discussed on this blog, in its landmark Achmea case the Court of Justice of the EU (“CJEU”) found the arbitration provision of the bilateral investment treaty (“BIT”)…
On 1 March 2016, the European Court of Human Rights ("ECtHR" or the "Court") rendered a decision in the case of Tabbane v. Switzerland (application no. 41069/12). In that decision, which was…
Although a bilateral investment treaty (“BIT”) arbitration and an application made before the European Court of Human Rights (“the Court”) could, at first glance, present opposite objectives,…
