Arbitration Notes

Singapore addresses intra‑EU objection for the first time: DNZ v DOA and NextEra v Spain

MERCOSUR AND THE EUROPEAN UNION AGREE HISTORIC AND AMBITIOUS TRADE AGREEMENT

CJEU CONFIRMS THAT CETA DISPUTE RESOLUTION PROVISION IS COMPATIBLE WITH EU LAW

Advocate General finds that CETA's "Investment Court System" is compatible with EU law

One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for …

EU and Japan formally sign economic partnership agreement

On 17 July 2018, the EU-Japan Economic Partnership Agreement (EPA) was formally signed during the EU-Japan summit in Tokyo.  The EPA – the largest …

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment ("Draft BIT").  If adopted, the Draft BIT may raise questions about …

State-to-State dispute settlement under the EU's draft Withdrawal Agreement: CJEU jurisdiction not arbitration

We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in …

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 …

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 …

Brexit—the future of state-to-state, investor-state and domestic dispute resolution

The Brexit White Paper The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was …

EU launches consultation on multilateral reform of the investor-state dispute resolution system

The EU Commission (the Commission) has launched a public consultation on the multilateral reform of the investment dispute settlement system.  The …

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 …