As released by the Dutch Government
My prediction for CETA and TTIP is that an opinion would be a death sentence for the investment protection provisions, since they are capable of being applied to various aspects of EU law.
CJEU’s decision in Slovakia v Achmea finally bringing justice to the most recent members of the EU.
In this short analysis, I will point out the broader implications for the EU’s investment law and policy.
Slovakia will no longer have to compensate Achmea B.V., the shareholder of Union ZP health insurer, for €22 million in damage.
ISDS is not only an unwelcome tool that allows multinational corporations to put pressure on public interest decision-making, it is also incompatible with EU law.
That clause removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law.
How poor countries like Mongolia may be losing millions because of corporate tax practices and legal loopholes.
In September 2017, the investor filed a €500 million ISDS claim against the Republic of Croatia at an arbitration tribunal because the "state [had taken] away their development licences"
The government has opposed Vodafone Group’s proposal to merge its two arbitration cases against India, and sought an injunction from Delhi High Court to stop the telco from proceeding with the second arbitration filed in the UK, saying it was an "abusive action".
The French oil company Total evicts people from their land in Uganda to make room for an oil processing facility.
Vodafone Group has said it would agree to consolidate its two international arbitrations initiated against India in connection with a tax demand of ₹11,000 crore, if the country were to agree as well.
The Opinion misses the much needed opportunity for a thorough and balanced reflection on the many challenges that ISDS, and investment disputes in general, pose to the EU legal and judicial system.
Shell used an arbitration case it filed with the International Centre for the Settlement of International Disputes to railroad the government into brokering truce between it and Malabu Oil and Gas Ltd, its estranged erstwhile partner and the original licensee.
The company is currently considering the Republic of Indonesia’s counter memorial on annulment, which was submitted on 20 Oct.
African Petroleum Corp has begun arbitration proceedings over Gambia’s decision to strip the company of its rights to explore for oil in two offshore areas.
L’avocat général, M. Wathelet, prend position sur la clause d’arbitrage du traité bilatéral conclu entre les Pays-Bas et la Slovaquie et estime que celle-ci est compatible avec le principe de non-discrimination, avec le mécanisme de renvoi préjudiciel et avec le principe d’autonomie du système juridique de l’Union européenne.
An arbitration clause in an investment treaty between the Netherlands and Slovakia does not violate EU law, an adviser to the EU’s top court said.
Inter RAO structures claim $175 million loss was due to a refusal to raise energy tariffs when the Georgian national currency Lari was devaluated.
By restraining a foreign investor from pursuing a claim under a bilateral investment treaty (BIT), the Delhi high court is coming in way of India’s accountability being tested under international law.