Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes
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Event details
23 Member States of the European Union signed on 5 May 2020 agreement for the termination of intra-EU bilateral investment treaties. This agreement implements the 2018 judgment of the European Court of Justice, in which the Court found that intra-EU BITs violate the EU Treaties.
The termination agreement implements the March 2018 European Court of Justice judgment in Achmea case, where the Court found that investor-State arbitration clauses in intra-EU bilateral investment treaties ("intra-EU BITs") are incompatible with the EU Treaties.
On 1 June 2020, the Investment Treaty Forum convenes an online meeting to discuss implications of this agreement on existing and future disputes within the European Union as well as its potential implications for global system of investor-state dispute settlement.
The event will gather members of the Investment Treaty Forum, representatives of states, practitioners, academics and others interested in the effect of termination of intra-EU BITs.
The issues covered will include the effect of the agreement on sunset clauses, legitimate expectations of investors, mitigation measures which governments and investors can take to address the impact of the termination of intra-EU BITs. We will also discuss how investors could respond to the agreement, for example by engaging in corporate restructuring or opting for other dispute resolution methods.
In this interactive webinar, approximately one half of the time will be devoted to questions from the audience.
Confirmed speakers include:
- Ms. Anna Bilanova, Ministry of Finance of the Czech Republic
- Mr. Charles Claypoole, Latham & Watkins
- Prof. Matthew Happold, University of Luxembourg
- Prof. Yarik Kryvoi, British Institute of International and Comparative law
- Ms. Anne-Françoise Melot, European Commission
Find out more about the speakers below.
Event convened by Prof. Yarik Kryvoi, Senior Research Fellow in International Economic Law, Director of the Investment Treaty Forum.
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Ms. Anna Bilanova
Ms. Anna Bilanová is currently acting as a Deputy Head of International Arbitration and Protection of Foreign Investments Unit at the Ministry of Finance of the Czech Republic. In that role, she defends the state in investment arbitrations in cooperation with external counsels and provides advice in the matters concerning investment claims and investment policy. She is also involved in the negotiations of investment treaties with third states on behalf of the Czech Republic and represents the Czech Republic in the meetings at the EU institutions and international organizations, including UNCITRAL Working group II and III.
Mr. Charles Claypoole
Mr. Charles Claypoole is a partner in the London office of Latham & Watkins. Mr. Claypoole advises on a wide range of public international law and dispute resolution issues, including international investment law, international trade law, investment treaty arbitration, international commercial arbitration, and UN, EU, and UK international trade sanctions. Mr. Claypoole has extensive experience in advising and acting for State clients and investors in investment treaty disputes - he has acted as counsel in approximately 20 investment treaty arbitrations conducted under the ICSID, ICSID Additional Facility, SCC, and UNCITRAL Rules.
Prof. Matthew Happold
Prof. Matthew Happold is Professor of Public International law at the University of Luxembourg. His recent publications include EU External Action in International Economic Law: Recent Trends and Developments (T.M.C. Asser Press: 2020) (co-editor with Mads Andenas, Christina Contartese and Luca Pantaleo) and Economic Sanctions and International Law (Hart Publishing, 2016) (co-editor with Paul Eden), as well as articles in the ICSID Review, the ICLQ and the Journal of World Investment and Trade. Matthew also practices as a barrister from 3 Hare Court, London and sits as a Recorder (civil and criminal) on the North Eastern Circuit.
Prof. Yarik Kryvoi
Prof. Yarik Kryvoi is the Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum. He advises governments and acts as an expert on matters of the rule of law, regulatory policy, international and comparative law and dispute resolution. Before moving to academia, he practicing international investment law with leading law firms in Washington D.C. and London and worked as an extern a US Court of Appels. He is the course leader of the Institute's new online course International Investment Law and Dispute Resolution.
Ms. Anne-Françoise Melot
Ms. Anne-Françoise Mélot is Head of the Unit "Free Movement of Capital and application of EU law" in the Directorate General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA) of the European Commission. Before joining the European Commission in 2001, she had been manager in the Luxembourg audit and assurance practice of KPMG. In 2000, she qualified as a certified public accountant (Réviseur d'Entreprises). She holds a degree in Engineering and Business Administration from Hautes Etudes Commerciales (HEC) Liège, Belgium and University of Trier, Germany. She also holds a degree in General and International Management from University of Alabama, USA.
