The poison pill for maintaining intra-EU BITs arbitration The long-awaited Opinion of Advocate General (AG) Wathelet in the Achmea case has resulted in an unexpected and rather surprising Opinion. Many observers (including the present writer) had expected that the AG would hammer the final nail on the coffin of intra-EU BITs and arbitral tribunals based…
Lecturing investment law at the VUB Since two weeks I have been lecturing as Guestprofessor international investment law at the Free University Brussels – Brussels Diplomatic Academy (Vrije Universiteit Brussel, VUB). 7 weeks of intensive international investment law The course spans 7 weeks and each lecture takes 3 hours. We cover all main aspects of…
AG: Intra-EU ISDS arbitration is compatible with EU law According to Advocate General Wathelet, the arbitration clause in the investment protection agreement concluded between the Netherlands and Slovakia is compatible with EU law! That clause does not constitute discrimination on grounds of nationality, is compatible with the preliminary ruling mechanism and does not undermine either…
On 12 October 2017, ICJ Judge Sir Christopher Greenwood will deliver the 3rd EFILA Annual Lecture The topic of his Lecture will be: “Most Favoured Nations Clauses in BITs – What is their Real Purpose (and their Real Effect)?” As Secretary General of EFILA, I am proud that we have been able to attract such…
