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An advocate general of the European Court of Justice has advised that arbitration of intra-EU investor-state disputes under the Energy Charter Treaty is barred by EU law in light of Achmea, while raising the possibility such claims could be brought in national courts.
03 March 2021
A US court has allowed a Ukrainian company to resume an action to enforce a US$50 million Energy Charter Treaty award against Moldova despite the state’s renewed effort to have it annulled by the courts at the arbitral seat in France.
14 November 2018
The European Commission has told Spain that arbitral awards compensating investors over reforms to the state’s renewable energy subsidy regime cannot be paid without EU approval.
19 January 2018
Belgium has called on the European Court of Justice to decide if the new investment court established in the Canada-European Union free trade deal is compliant with EU law.
06 September 2017
As it marks its 50th anniversary, the United Nations Commission on International Trade Law has agreed to examine proposals for a permanent multilateral investment court and a standalone appellate body among a range of potential reforms to the investor-state dispute settlement system.
12 July 2017
The European Commission has declared investor-state arbitration “dead” as it agrees the outlines of the biggest trade deal in its history with Japan today – but it remains unclear whether EU proposals for a permanent court to hear investment disputes will make it into the final agreement.
06 July 2017
The European Court of Justice has found that an EU trade agreement providing for investor-state dispute settlement must be ratified individually by member states – a ruling that one arbitration practitioner says has effectively “destroyed” the EU’s hopes for a new generation of trade deals that include investment protection.
16 May 2017
Representatives of Canada and the EU have signed a long-awaited free trade agreement, including controversial provisions for a permanent two-tier tribunal to hear investor-state disputes in place of a traditional arbitration mechanism.
31 October 2016
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