ISDS MIC ICS

ISDS MIC ICS Latest news

ECJ pre-empts circumvention of intra-EU ISDS prohibition

The European Court of Justice confirmed that investor-state arbitration between European Union investors and member states is illegal, even if such arbitration is based on domestic legislation of an EU member state. Whilst EU investors can pursue arbitration internationally under new EU investment protection treaties, a major rule-of-law gap has …

Energy Charter Treaty ISDS MIC ICS Latest news

ECJ puts paid to intra-EU Energy Charter Treaty investor-state arbitration

The European Court of Justice declared in a judgment on Thursday (2 September) that the investor-state arbitration system under the Energy Charter Treaty is not applicable within the European Union. This effectively puts an end to ECT arbitration within the EU and will significantly increase the pressure on the ongoing …

ECJ Energy Charter Treaty ISDS MIC ICS Latest news

ECJ Advocate General: Intra-EU Energy Charter Treaty investor-state arbitration is illegal

The European Court of Justice’s Advocate General Szpunar opined that the investor-state arbitration system under the Energy Charter Treaty is not applicable within the European Union. This will further increase the pressure on the ongoing ECT modernisation process and might very well herald the end of the ECT within the EU.

ISDS MIC ICS Latest news

UNCITRAL investor-state reform talks: appeals tribunal solution – more questions than answers

The latest round of negotiations among the member states of the UNCITRAL Working Group III on ISDS reforms held last week (8-12 February 2021) revealed increasing diversity rather than more unity among the parties on the future of investor-state dispute settlement and EU-sponsored plans for a multilateral court system. The …