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Mining and manufacturing in outer space: The new frontier in disputes risks

Exploiting natural resources, manufacturing products and growing food in space are now well within the realms of possibility. Identifying, assessing and mitigating disputes risks arising from these activities pose a...more

Decarbonisation disputes: the evolving frontier of climate-related risk

The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more

Low Carbon Windfall Tax Take 2: The Electricity Generator Levy

The Chancellor’s Autumn Statement announced the introduction of a new windfall tax of 45% on the “extraordinary profits” of low carbon electricity generators, via the Electricity Generator Levy (the Generator Levy)....more

Court of Justice of the European Union says ad hoc submission to arbitration of dispute between EU Member State and EU investor...

On 26 October 2021, the Court of Justice of the European Union (the Court) delivered its judgment in Case C‑109/20, Republic of Poland v PL Holdings S.á r.l. (PL Holdings)....more

Intra-EU disputes cannot be arbitrated under the Energy Charter Treaty, says the Court of Justice of the European Union

On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union (the Court) delivered its judgment in Case C-741/19, Republic of Moldova v Komstroy LLC, finding that the acquisition of a claim arising...more

An introduction to the EU-Canada Comprehensive Economic and Trade Agreement (CETA)

An introduction to the EU-Canada Comprehensive Economic and Trade Agreement (CETA) - Introduction - The Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada that provisionally entered into force...more

The General Court comes to Miculas’ aid

Introduction - In a decision rendered on 18 June 2019 (joint Cases T 624/15, T 694/15 and T 704/15), the General Court of the European Union (the Court) annulled the European Commission’s (the EC) decision 2015/1570 of 30...more

Jurisdictional objections based on CJEU's Achmea judgment fail in Energy Charter Treaty arbitration

ICSID tribunal retains jurisdiction, rejecting Germany and European Commission’s arguments that intra-EU arbitration under ECT incompatible with EU law - On 31 August 2018, the arbitral Tribunal hearing the claim by...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

European Commission’s Draft Investment Chapter For TTIP: Towards The End Of Investment Treaties As We Know Them?

If it ever sees the light of day (and the politics on both sides of the Atlantic are complicated), it will be a broad free trade agreement (FTA) with 24 chapters on, among other things, market access for goods and services,...more

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