Arbitration Links - Linklaters
  • Year: 2017
  • Month: October
  • Topic: Investment Arbitration

The European Commission proposes a move towards a Multilateral Investment Court System

27 October 2017 Guillaume Croisant; Matthew Weiniger, Europe

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The European Commission has recently requested authorisation to launch negotiations to establish a permanent Multilateral Investment Court, which would hear investment disputes under existing and future trade agreements entered into between the EU Member States and third countries. This new court could also replace the Investment Court System provided for by CETA, whose compatibility with EU law will be reviewed by the European Court of Justice following a request introduced by Belgium on 6 September 2017.

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Paris Court of Appeal sets aside ECT arbitration award

03 October 2017 Clément Fouchard, France

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The French courts have had very few opportunities to rule on the setting aside of an investment treaty arbitration award. For this reason, the decision of the Paris Court of Appeal in Moldova v société Komstroy (Court d'appel de Paris, Pôle 1- Chambre 1, République de Moldavie v société Komstroy, 12 avril 2016, n°13/22531) is of great interest. It deals with the degree of control over an investment arbitration award by the French courts and the definition of the legal concept of investment in the Energy Charter Treaty (ECT).

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