201830.03
1

Black Tuesday: the end of intra-EU BITs

The CJEU’s Achmea judgment has prompted me to write several blogposts. This one was published by Practical Law Arbitration Blog and provides a first – rather pessimistic – assessment of the CJEU’s judgment. Below I discuss the wider implications of the Achmea judgment, for example also for the ECT. In his Opinion, Advocate General Wathelet…

201825.01
14

A new Micula-type case on the horizon

In November 2017, the European Commission (EC) issued its decision on the Spanish support measures for renewable energy sources. As will be recalled, Spain is currently facing about 30 investment-treaty disputes based on the Energy Charter Treaty (ECT) and various bilateral investment treaties (BITs) for the retroactive withdrawal of its support measures for the production…

201720.12
17

Season’s Greetings

A look back at NL-Investmentconsulting’s year 2017 was a very busy year with a nice mix of different activities and achievements. On the arbitration side, I am glad to have been able to provide my legal expertise on the interaction between EU law and investment law in 2 ICSID disputes (including one Annulment procedure). On…

201719.09
13

AG Wathelet considers intra-EU ISDS arbitration compatible with EU law!

AG: Intra-EU ISDS arbitration is compatible with EU law According to Advocate General Wathelet, the arbitration clause in the investment protection agreement concluded between the Netherlands and Slovakia is compatible with EU law! That clause does not constitute discrimination on grounds of nationality, is compatible with the preliminary ruling mechanism and does not undermine either…

201722.05
12

Of Counsel and member of Wöss & Partners

I am very pleased to announce that I have been appointed as Of Counsel and member of the international arbitration, trade and infrastructure group of Wöss & Partners. Wöss & Partners is an international law firm based in Mexico, with offices in Washington and Lima. Under the guidance of Herfried Wöss, the firm has over the…

201723.03
1

Dutch Advisory Council publishes its report on Brexit negotiations

The Dutch Advisory Council on International Affairs (Adviesraad Internationale Vraagstukken) has just published (only in Dutch) a report on the Brexit negotiations. The report focuses mainly on the consequences of Brexit for the Netherlands and the best negotiation strategy for the Netherlands. The report is extensive and contains some interesting points, which should be of interest…

201723.03
1

Report on the OECD meeting: In search of a “better” globalization

As indicated in an early post, a summary report of the OECD meeting held two weeks ago has been published on the EFILA blog. At the OECD, Global Forum on International Investment (6 March) more than hundred stakeholders from businesses, trade unions, academics and OECD member states gathered together for a one-day meeting considering ways…