ECJ

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.

ECJ EU UK Dispute Settlement Latest news UK-EU negotiations

EU UK agreement: an analysis of the EU’s proposed dispute settlement provisions

The EU released an initial draft treaty proposal it tabled last week to the United Kingdom as part of negotiations towards their future relationship. Although talks are de facto suspended due to the COVID-19 crisis, it’s worth analysing in detail the dispute settlement provisions included therein, as this is a …

Interior of the Court of Justice of the European Union © Court of Justice of the EU
ECJ EU trade policies ISDS MIC ICS Latest news Singapore Vietnam

ECJ green light to CETA investment court gives EU free rein on global stage

On Tuesday (April 30), the European Court of Justice (ECJ) issued its long-awaited opinion on the question raised by Belgium whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the ECJ not only removes the remaining obstacle for …

'Week Ahead' and trade agenda Brexit & UK trade ECJ Internal EU politics Latest news

2019 will be about defining a new role for global rules in EU trade

The overarching question shaping European trade policy outcomes this year will be: what role for international trade and investment law for global business and the work of trade diplomats? This issue will be central in the four major files with which European trade policy will grapple: the future of the …

Canada and CETA ECJ ISDS MIC ICS Latest news

Investor-state: Court intra-EU ruling leaves CETA tribunal question open

The Court of Justice of the European Union ruled today unequivocally that intra-European international investor-state arbitration tribunals are not compatible with EU law. Its summary judgement gives little insight into how it might rule on the compatibility of international investor-state tribunals set up by the European Union with third countries. …

'Week Ahead' and trade agenda Brexit & UK trade ECJ Investment Latest news Steel UK-EU negotiations

Week ahead in EU trade: BITS ruling, Brexit guidelines, steel

With things suspiciously quiet on both the Mercosur and Mexico trade talk fronts, the biggest news concerning Brussels this week may be coming from Luxembourg, where the Court of Justice rules on the legality of intra-EU bilateral investment treaties. The week’s headlines will most likely be dominated by the looming …