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Search Results for: achmea

126 results available

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Laura Halonen (WAGNER Arbitration)
Termination of Intra-EU BITs: Commission and Most Member States Testing the Principle of Good Faith under International Law
May 13, 2020

The long-awaited Agreement to terminate intra-EU BITs (bilateral investment treaties) was signed on 5 May 2020 (the “Termination Agreement”). According to the European Commission, the Termination…

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Marike R. P. Paulsson (Albright StoneBridge Group)
UNCITRAL Working Group III: Reforms in the Realm of Investor-State Disputes - UNCITRAL’s Proposals for an Appellate Mechanism and its Impact on Duration and Cost
March 26, 2020

One of the topics on the agenda of UNCITRAL Working Group III is the establishment of an Appellate Court system. The system of investor-State dispute resolution therefore now faces the fact that WG…

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Jake Lowther (SCC Arbitration Institute)
Keeping Intra-EU ISDS Alive: The Supreme Court of Sweden Requests Preliminary Ruling from the CJEU on Validity of Arbitration Agreement in Light of Achmea Decision
March 05, 2020

Readers of the Kluwer Arbitration Blog will be very familiar with the drama surrounding the European Union’s (EU) pushback against intra-EU investor-state dispute settlement (ISDS) as contained in…

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Guillaume Croisant (Linklaters)
Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention
February 20, 2020

In a decision likely to enthuse investors willing to enforce intra-EU ICSID awards in the UK, the UK Supreme Court unanimously held yesterday that the UK’s enforcement obligations under the ICSID…

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Deyan Draguiev (Colibra Insurance)
2019 in Review: Investment Arbitration in Europe
January 09, 2020

After the quite tumultuous 2018, which saw the seminal Achmea judgment of the Court of Justice of the European Union and the subsequent awards on jurisdiction by a number of investment treaty…

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Markus Beham (University of Passau), Désirée Prantl (Freshfields Bruckhaus Deringer LLP)
Intra-EU Investment Reform: What Options for the Energy Charter Treaty?
January 07, 2020

The recently leaked treaty for the termination of intra-EU BITs can be seen as the culmination of an ongoing effort by the European Commission to discourage investment arbitration between Member…

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Maria Fanou (Queen Mary University of London)
Interviews with Our Editors: The Energy Charter Treaty: Discussing Modernisation and Challenges with Dr. Alejandro Carballo, General Counsel, Energy Charter Treaty Secretariat
January 04, 2020

Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT) and its modernisation are…

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Pablo Pérez-Salido
Royal Decree-Law 17/2019: An Opportunity for Spain to Leave Behind the Renewable Energy Arbitrations?
December 30, 2019

On November 22, 2019, the acting government of Spain passed a long-anticipated legislation in response to more than four dozen of international arbitrations that, since late 2013, have been filed…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice), Crina Baltag (Queen Mary University of London)
From the Editors of Kluwer Arbitration Blog: 2019
December 25, 2019

It has now become a tradition that in December of each year, Kluwer Arbitration Blog offers you several posts with a retrospective of the year in specific regions and fields. We also take this…

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David Attanasio, Tamar Sarjveladze (Dechert), Diora Ziyaeva (Dentons US LLP), Rocio Monzon (Dentons), Christina Dumitrescu (McDermott Will & Emery)
The Collisions of Law and of Fora: Focus on International Dispute Resolution at the 98th Annual International Law Weekend
December 11, 2019

The 98th Annual Meeting of the American Branch of the International Law Association (“ABILA”), known as ABILA’s International Law Weekend (“ILW”), took place in New York City on 10 – 12 October 2019…

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