12th Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration, November 14, 2016

Logo_FIACThis year’s Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration (Gesprächskreis Investitionsrecht und – Schiedsgerichtsbarkeit) is held on November 14, 2015. As always, Alfred Escher and Jan Schäfer are organizing the event in conjunction with the Frankfurt International Arbitration Center. Continue reading

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Transparency in Investment Arbitration: Video Stream of Hearing in Vattenfall vs. Germany

icsid-logoVattenfall’s challenge to Germany’s opt-out from nuclear power is getting a lot of public attention. Vattenfall’s earlier case aganist Germany, commenced in 2009 over environmental restrictions for a coal-fired power plant in Hamburg, is often cited as an example that investment treaty arbitration lacks transparency. Not so this time: Last week, ICSID announced that the parties have agreed to make the hearing open to the public. Continue reading

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Slovakia v. Eureko: German Federal Supreme Court Refers Question of Validity of BIT Arbitration Amongst Member States to the ECJ

433px-Slovakia_coat_of_arms_1939-1945_svgWhether BIT arbitration between EU member states is permitted, as a matter of EU law, is heavily debated. The EU Commission strongly takes the view that there is no room for investment treaty arbitration amongst member states. As previously discussed here, the Commission has intervened in arbitrations in support of the position that the arbitral tribunal lacked jurisdiction to hear the dispute. Eureko v. Slovakia apparently is the first case where this issue has reached state courts, namely the courts in Germany. Earlier this week, in its second decision on the matter, the German Federal Supreme Court (Bundesgerichtshof), published its decision to refer the matter to the European Court of Justice (as I had expected it would). The Court clearly felt obliged to refer the matter to the European Court of Justice, but at the same time was very clear that in its opinion, investment treaty arbitration amongst member states is compatible with EU law. Continue reading

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What You Read in 2015 – The Top Ten Posts

labyrinthDear Readers,  as 2016 begins, I had a look at what you read in 2015. There are two topics that emerge as favourites: On the one hand, investor state arbitration, and on the other hand, sports arbitration. Out of the top ten, posts no. 2, 6 and 7 all relate the decision of the Munich courts in the Pechstein case, where an award of the Court of Arbitration for Sport  in a doping case was not recognized in Germany.

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