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The Future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment

The Future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment

Author: Crina Baltag; Ana Stanic
Publisher: Kluwer Law International
ISBN: 9789403512938
Published In: July 2020
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
The Future of Investment Treaty Arbitration in the EU is a uniquely descriptive book that provides a comprehensive analysis of the implications of the Achmea judgment in the current landscape of investment protection within the European Union (EU) and internationally. In the aftermath of the Achmea judgment of the Court of Justice of the European Union (CJEU), the legal community and business are still trying to understand its real effects and the other implications at the EU level. This book highlights a proposed new framework for investment protection in the EU with a focus mainly on investment treaty arbitration and energy-related investments. This new framework reflects the changing position of EU with respect to Investor-State Dispute Settlement (ISDS), the on-going discussions to reform the ISDS under the auspices of the UNCITRAL Working Group III which include the establishment of a Multilateral Investment Court, as well as the judgment of the CJEU in Achmea. It also analyses the relationship between the Energy Charter Treaty and the ISDS.

What’s in this book:

This book takes a balanced approach to the topic of investment protection by ensuring that contributors from leading academics, scholars and European Commission officials have an opportunity to emphasize the advantages and disadvantages of the different approaches to investment protection that are currently being discussed. 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 a particular focus on the EU;
- the Achmea judgment and its impact on the Energy Charter Treaty and energy investments;
- the ongoing discussion about modernizing the Energy Charter Treaty post-Achmea;
- EU state aid and investment arbitral awards;
- recognition and enforcement of investment arbitral awards post-Achmea in the EU Member States, including in the light of Brexit; and
- recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States.
How this will help you:

This remarkably informative and timely book, at such a time of heightened debate regarding the interrelationship between investment treaty arbitration, public international law and EU law, imparts a balanced, contextualized and in-depth critical analysis that will guide interested stakeholders to navigate their way through this tough and changing area of the law confidently. It will also prove to be invaluable to a variety of practitioners, such as lawyers, arbitrators, judges, as well as to bankers, academics teaching in these fields and students.
Editors

Contributors

Preface

List of Abbreviations

CHAPTER 1
Investment Protection: Original Purpose and Features
Christoph Schreuer

CHAPTER 2
Achmea, the ECT and the Impact on Energy Investments in the EU
Kim Talus & Kim Talus & Katariina Särkänne

CHAPTER 3
Achmea, Arbitral Tribunals and the ECT: Modernisation 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 & Jack Stirzaker

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 US 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 EU's Approach to Multilateral Reform of Investment Dispute Settlement
Colin M. Brown

Index