Tag Archives: EU

Belgium asks for the CJEU’s opinion on the compatibility of the Investment Court System with European Law

On 6 September 2017 the Belgian Deputy Prime Minister and Minister of Foreign Affairs Didier Reynders submitted a request from Belgium to the Court of Justice of the European Union for an opinion on the compatibility of the Investment Court … Continue reading

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Filed under EU, EU Law, Europe, ISDS, News, Public International Law

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to … Continue reading

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Filed under Brexit, Enforcement, Enforcement - Europe, EU, EU Law, Europe, ISDS, News, Trade Agreements

EU – Japan Economic Partnership Agreement announced

On 6 July 2017 the EU and Japan announced an agreement in principle on their Economic Partnership Agreement (“EPA“).  The scale of this agreement is eye-popping: once in effect the EPA will cover nearly 40 percent of all goods exports, … Continue reading

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Filed under Asia, East Asia, EU, Europe, ISDS, News, Trade Agreements

The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU’s exclusive competence

On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade Agreement (FTA) with Singapore. The Opinion recognises exclusive EU competence over most of the … Continue reading

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Filed under Asia, EU, EU Law, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia

CETA UPDATE: CETA is signed; Provisional application of CETA and Brexit; First government-to-government meeting to discuss establishing the multi-lateral investment court system

On 30 October 2016, the EU and Canada signed the Comprehensive Economic and Trade Agreement (the CETA).  As explained in our blog post here, the text of the CETA, which was originally agreed in 2014, was subjected to "legal scrubbing" … Continue reading

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Filed under EU, Europe, ISDS, Public International Law

European Commission publishes draft investment chapter for the TTIP, including investment protection provisions and the establishment of an International Investment Court

On 16 September the European Commission published detailed draft proposals for the investment chapter in the proposed Transatlantic Trade and Investment Partnership treaty between the EU and the US (“TTIP”). The full text is available here. The chapter includes detailed … Continue reading

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Filed under EU, Europe, Investment Arbitration, ISDS, Public International Law, The Americas, TTIP

Long-awaited EU-Canada trade agreement agreed – a blueprint to set the standard for future investment protection?

On Friday 26 September, after five years of negotiations, the EU and Canada agreed in principle to a text for the Comprehensive Economic Trade Agreement (CETA). It is certainly comprehensive, running to 1,500 pages. It is the first such agreement … Continue reading

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Filed under EU Law, Europe, Investment Arbitration, The Americas

New regulation sets out financial responsibility for investor-state disputes between the European Union and third countries

Today (17 September 2014) a new European Regulation enters into force (EU No 912/2014) with wide-ranging implications for the global investment community. The Regulation allocates financial responsibility going forward, for claims brought by non-EU investors for harm done to their … Continue reading

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Filed under EU Law, Europe, Investment Arbitration

EU publishes legislation imposing sectoral sanctions on Russia

Herbert Smith Freehills has published the latest edition of its Sanctions Update e-bulletin on new EU regulations, published on 30 and 31 July 2014, that expand sanctions against Russia in response to the situation in Ukraine. These regulations enact the … Continue reading

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Filed under Europe, Sanctions

Europe consults on investment protection and ISDS in the TTIP

The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) provisions in the Transatlantic Trade and Investment Partnership (the TTIP).  The TTIP is a free trade agreement currently in negotiation … Continue reading

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Filed under Costs, EU Law, Europe, Investment Arbitration, The Americas