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Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening...

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On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...

Part II of a Trilogy: Investor claims in response to the State’s protective measures...

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We are pleased to introduce the second part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In...

Part I of a Trilogy: State measures in response to the COVID-19 pandemic

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States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of...

Protection of foreign investments in South Africa

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Overview In recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated. As...

Protection of foreign investments in Argentina

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Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims...

New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...

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For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...

The Swedish Supreme Court requests a preliminary ruling from the CJEU on the validity...

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The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal determined, in one separate and one...

English High Court interprets “investment” and “investor”

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In The Republic of Korea v Mohammed Reza Dayyani and others EWHC 3580 (Comm), the English High Court rejected an application by the...

Protection of foreign investments in Indonesia

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Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), the investor may have access to claims...

Renewable energy: protection of investments through arbitration

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Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to...