The European Commission has published the Trade and Investment pillar of the Advanced Framework Agreement between the European Union (EU) and Chile (the Agreement), as politically concluded. This…
By a 4-3 majority, the Irish Supreme Court held in Costello v Government of Ireland that the Constitution precludes Irish ratification of the Comprehensive Economic and Trade Agreement (CETA) between…
Introduction
In 2022, we witnessed the growth of efforts to understand and promote the use of arbitration across Australia, New Zealand and the Pacific Islands. These efforts largely took the form of…
The Amsterdam district court has recently refused to order the termination of a London-seated intra-EU investment arbitration against Poland. Whilst the outcome of the judgment is hardly surprising,…
The Second Edition of the World Arbitration Update (WAU) took place from September 26 to September 30, 2022. This post highlights the panel on “Taking Stock of the ECT Modernization Process: Fit for…
The Energy Charter Treaty (ECT) has long been subject to debate focusing on its perceived chilling effect on energy transition, the compatibility of intra‑EU disputes under the ECT with EU law, and…
On 1 September 2022, the Higher Regional Court of Cologne (“HRC Cologne”) issued two much-awaited decisions granting the Netherlands’ requests (see our report here) to have the German claimants’, RWE…
On 30 June 2022, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in BTS Holding, a.s. v. Slovakia (“BTS”), a case concerning the non-enforcement in Slovakia of a…
News of the award in Green Power and Obton v Spain is sinking in. Initial responses indicate that this is no ordinary decision - but rather a ‘major earthquake’, a ‘landmark decision’ and ‘one for…
Negotiations towards a modernized Energy Charter Treaty (ECT, Treaty) ended on 24 June 2022, with the States Parties reaching an agreement in principle following discussions towards reform that began…
