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The Future of Investment Treaty Arbitration in the EU by STANIC

The Future of Investment Treaty Arbitration in the EU

Edited by Crina Baltag, Ana Stanic
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$190.00

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Overview

The Future of Investment Treaty Arbitration in the EU

Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment Court

Edited by Crina Baltag & Ana Stanic

In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties.

Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law.

The Future of Investment Treaty Arbitration in the EU examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments.

With contributions from leading academics and practitioners, the book addresses the following themes:

  • Intra-EU investment protection and the rule of law, including the proposed Multilateral Investment Court.
  • The original purpose and features of investment protection, with particular focus on the EU.
  • The Achmea judgment and its impact on the Energy Charter Treaty and energy investments.
  • The ongoing discussion to modernize the Energy Charter Treaty post-Achmea.
  • EU state aid and investment arbitral awards.
  • Recognition and enforcement of investment arbitral awards post-Achmea in EU Member States, including in the light of Brexit.
  • Recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States.

This eminently informative book is very timely given the ongoing debate taking place in the EU and internationally regarding the interrelationship between investment treaty arbitration, public international law and EU law. The contributions from leading academics, scholars and European Commission officials provide a balanced, contextualized, detailed and critical analysis that will aid interested stakeholders to navigate their way with confidence through this difficult and changing area of the law.

 

Publish Date 06/25/2020
Product Line Kluwer Law International
ISBN 9789403512938
SKU 10072093-0003
Table of Contents

Editors

Contributors

Preface

CHAPTER 1
Investment Protection: Original Purpose and Features
Christoph Schreuer

CHAPTER 2
Achmea, Energy Charter Treaty and the Impact on Energy Investments in the EU
Kim Talus

CHAPTER 3
Achmea, Arbitral Tribunals and the Energy Charter Treaty: Modernization or Regression?
Crina Baltag & Stefan Dudas

CHAPTER 4
Achmea, Investment Treaty Arbitration, Public International Law and EU Law: The Way Forward
Epaminontas Triantafilou & David Pusztai

CHAPTER 5
Intra-EU Investment Protection and the Rule of Law
Emilie Gonin & Ronan O’Reilly

CHAPTER 6
EU State Aid as a Ground for Non-Enforcement of Arbitral Awards
Carlos Lapuerta

CHAPTER 7
All Eyes on Sweden: Swedish Challenge Cases post Achmea
James Hope & Therese Åkerlund

CHAPTER 8
The Consequences of Achmea on Arbitrations Seated in Switzerland
Nathalie Voser & Sebastiano Nessi

CHAPTER 9
Enforcement of Awards and Other Implications of Achmea
Ana Stanic

CHAPTER 10
How Do You Solve a Problem Like Achmea?: The Enforcement of Intra-EU Investment Agreement Awards in U.S. Courts
Jennifer Thornton

CHAPTER 11
Arbitration, Public Policy and Enforcement After Achmea: A Perspective From Singapore
Alvin Yeo & Koh Swee Yen

CHAPTER 12
China and ISDS: Approaches and Considerations
Wei Sun

CHAPTER 13
The European Union’s Approach to Multilateral Reform of Investment Dispute Settlement
Colin M. Brown

Glossary

Index

Volumes