THE VIEW FROM BRUSSELS: THE NORTHERN IRELAND PROTOCOL BILL EU – UK TENSIONS GROW

On 13 June, the United Kingdom Government introduced to Parliament the Northern Ireland Protocol Bill that would unilaterally override the main content of the Northern Ireland Protocol (the “Protocol”) contained in the Withdrawal Agreement by which the UK left from the European Union. HSF Partner Lode Van Den Hende and Consultant Eric White have authored … Read more

SCOTTISH INDEPENDENCE: THE INTERNATIONAL LAW IMPLICATIONS

The prospect of an independent Scotland raises a number of significant questions as to the impact on the rights and obligations of both Scotland and the rest of the UK (rUK) under international law. This short article highlights some of the key international law implications of Scottish independence and how they may impact on private … Read more

THE EU AND CANADA ADOPT PROCEDURAL RULES FOR THE CETA INVESTMENT COURT SYSTEM

On 29 January 2021, the European Union (“EU”) and Canada adopted four decisions (the “Decisions”), which put in place specific rules elaborating the Investment Court System (“ICS”) agreed in the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). The Decisions set out detailed rules and procedures regarding the structure of the Appellate Tribunal and the conduct … Read more

UPDATES ON POTENTIAL EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT (WITH A FOCUS ON INVESTMENT PROTECTION AND ISDS) – NEW WINE IN NEW BOTTLES?

On 30 December 2020, the European Union and China announced their Agreement in Principle for the EU-China Comprehensive Agreement on Investment (CAI). This is a landmark development for both parties in these long-running negotiations which began in 2012. On 22 January 2021, in the interest of transparency, Brussels published certain draft sections (here) of the … Read more

AGREEMENT FOR THE TERMINATION OF INTRA-EU BITS ENTERS INTO FORCE

On 29 August 2020, the Agreement for the Termination of Bilateral Investment Treaties (the “BITs”) between the Member States of the European Union (the “EU”) (the “Termination Agreement”) entered into force. As discussed in one of our previous blog posts, the Termination Agreement was signed on 5 May 2020 by 23 EU Member States. In … Read more

UK SUPREME COURT LIFTS STAY OF ENFORCEMENT OF ICSID AWARD AGAINST ROMANIA

In Micula and others (Respondents/Cross-Appellants) v Romania (Appellant/Cross-Respondent) [2020] UKSC 5 the UK Supreme Court (the “SC”) found that the duty of sincere cooperation under EU law does not preclude enforcement of an ICSID Convention (the “Convention”) award against Romania (the “Award”). In what is the enforcement stage of the long-running and well-known saga of … Read more

EUROPEAN PARLIAMENT APPROVES EU-VIETNAM TRADE AND INVESTMENT AGREEMENTS

On 12 February 2020, the European Parliament (“EP“) gave its consent to the EU-Vietnam Free Trade Agreement (“EU-Vietnam FTA“) and the Investment Protection Agreement (“EU-Vietnam IPA“). The consent from the EP paves the way for approval of the two agreements by the EU Council of Ministers next month. In brief, the EU-Vietnam FTA focuses on … Read more