The EU Foreign Direct Investment Regulation will be in full force from October 11, 2020. We expect it will radically alter the dynamics of foreign investment review in Europe. Any non-EU investor and any EU target company...more
5/18/2020
/ Acquisitions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Member State ,
Mergers ,
National Security Review Proceedings ,
New Regulations ,
Non-EU Investors ,
UK Brexit
Strong signal that the EU wants to protect its critical businesses and that the European Commission’s “advisory” role under the EU FDI Regulation will be significant .
Key Takeaways -
In response to concerns raised by...more
A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more
9/19/2019
/ Arbitration ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Court of Justice of the European Union (CJEU) ,
Enforcement Actions ,
Enforcement of Foreign Judgments ,
EU ,
European Commission ,
ICSID ,
International Arbitration ,
Member State ,
Motion to Dismiss ,
Post-Judgment Enforcement Actions ,
Romania ,
State Aid ,
United States
The Comprehensive Economic and Trade Agreement (“CETA”) concluded between Canada and the European Union (“EU”) celebrated its first birthday in September last year. While both Canada and the EU have reported that the benefits...more
The Court of Justice of the European Union decided last week that free trade agreements concluded with the EU must receive prior approval by each Member State if they provide for investor-State arbitration. The ruling, given...more
5/30/2017
/ Arbitration Agreements ,
Canada ,
CETA ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
European Parliament ,
Free Trade Agreements ,
Investor State Dispute Settlement (ISDS) ,
Investors ,
Member State ,
Singapore ,
UK