After having digested the Achmea judgment, I reflect in this blog, which was published on the Kluwer Arbitration blog, on the possible way forward. The Achmea judgment, passed on the 6th of March 2018, and addressed in the Kluwer blog posts available here and here, prompted us to think about what could be the way…
The CJEU’s Achmea judgment has prompted me to write several blogposts. This one was published by Practical Law Arbitration Blog and provides a first – rather pessimistic – assessment of the CJEU’s judgment. Below I discuss the wider implications of the Achmea judgment, for example also for the ECT. In his Opinion, Advocate General Wathelet…
In November 2017, the European Commission (EC) issued its decision on the Spanish support measures for renewable energy sources. As will be recalled, Spain is currently facing about 30 investment-treaty disputes based on the Energy Charter Treaty (ECT) and various bilateral investment treaties (BITs) for the retroactive withdrawal of its support measures for the production…
A look back at NL-Investmentconsulting’s year 2017 was a very busy year with a nice mix of different activities and achievements. On the arbitration side, I am glad to have been able to provide my legal expertise on the interaction between EU law and investment law in 2 ICSID disputes (including one Annulment procedure). On…
On 12 October 2017, ICJ Judge Sir Christopher Greenwood delivered the 3rd EFILA Annual Lecture in Brussels. The title of his Lecture was “MFN clauses – their real purpose and real effect”. As in previous years, the Lecture took place at the Press Club in Brussels. His excellent Lecture can be viewed at the YouTube…
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…
The 2017 European Society of International Law (ESIL) conference will take place from 6-9 September in Naples. I will be speaking on Brexit and its impact on arbitration and investment treaties as well as the future trade relations between the UK-post Brexit and the EU.
