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European Commission Investor State Dispute Settlement (ISDS) European Union

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

K&L Gates LLP

Two Heads Are Better Than One: Double Hatting and Its Impact On Diversity In International Arbitration

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In recent years there has been increasing focus on arbitrators also acting as counsel, a practice known commonly as ‘double hatting’ or ‘dual hatting.’ This can result, for example, in arbitrators appearing as counsel before...more

Dechert LLP

Advocate General of EU’s Highest Court Weighs in Favor of an Investment Court System

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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

Holland & Knight LLP

New Mexico-EU Trade Agreement Sets Rules on Investor-State Dispute Settlement

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• The European Union (EU) Commission and the Mexican Ministry of Economy published in April 2018 the negotiated text of the modernized EU-Mexico Free Trade Agreement (FTA), although it is not expected to take full effect...more

Dechert LLP

ECJ Decision Looms Large on the Future of Trade Agreements and Investor-State Arbitration with the EU

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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

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