EU-Vietnam Free Trade Agreement: Blue Print for a Permanent Investment Dispute Resolution System?

european commissionWhile everyone is busy discussing TTIP and the pro’s and con’s of Investment Arbitration as we know it, EU Trade Commissioner Cecilia Malmström announced on December 2, 2015 that European Union and Vietnam have concluded the negotiations of a free trade agreement: “The EU and Vietnam finalise landmark trade deal.”

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All About TTIP: 11th Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration, November 4, 2015

 

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Frankfurt Court of Appeals Upholds BIT Arbitration Clause Again – Eureko v. Slovak Republic, 2nd Round

We have covered these proceedings between the Slovak Republic and Eureko, a Dutch health insurance provider before. At the heart of the matter is the issue whether European law rendered arbitration clauses in intra-EU bilateral investment treaties (BITs), that is, in BITs between EU member states, inapplicable. To the best of my knowledge these are the first court proceedings addressing the issue: In May 2012, the Frankfurt Court of Appeals upheld an arbitral award that ruled on jurisdiction and arbitrability and held that the tribunal had authority to hear damages claims by Eureko against the Slovak Republic under the Netherlands/Czechoslovakia BIT of 1991. Continue reading

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Transparency in Investment Arbitration: A Growing Public Debate

Transparency in investment arbitration, thanks to Vattenfall suing Germany over the nuclear power exit, has become a topic in the mainstream business press. A recent piece in the business weekly Wirtschaftswoche talked about “back room justice” (“Justitia verzieht sich ins Hinterzimmer”), citing the “Toll Collect” arbitration as an example. “Toll Collect” is not technically a case of treaty arbitration, but a multi-billion dispute about a public-private partnership between the German government and Daimler, Telekom und Cofiroute.

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