carducci-arbitration | Investment and Treaty Law and Disputes
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EU Law and Post-Achmea Intra EU BITs and Investment Arbitration
Professor Carducci’s analysis
i) of the EUCJ’s ruling in Achmea (6 March 2018) is available in the ICSID Review (2018 p.582-619)
ii) of the German Supreme Court (BGH) (3 March 2016) ruling in Achmea is available in Zeitschrift fur Internationales Wirtschaftsrecht, 2016, IV, p.180-184
International Investment Law and Arbitration
Contract / Treaty Divide
International Investment Arbitration: ICSID, Energy Charter Treaty, NAFTA, and beyond
Investment Treaties: Applicability, Interpretation, Implementation in National Law, Enforcement
Governing Law under Treaties: National Law, EU Law, International Law (Treaties, Custom, General Principles of Law)
Investment Contracts: Jurisdiction, Applicable Law, Stabilization Clauses, Renegotiation and Adaptation
Protection of States, Companies, Majority and Minority Shareholders, Natural Persons
Standards of Protection: Fair and Equitable Treatment, Full Protection and Security, Most-favoured-nation Treatment, Access to Justice, Emergency and Necessity, Umbrella Clauses
Direct and Indirect Expropriation, Nationalization
Consent and Due Process, Annulment of awards
State Immunity and Enforcement of Awards
Treaty-making
Expertise and Assistance to Governments (see also UNESCO Experience)
Treaty Law and Disputes
Conclusion, Entry into Force, Reservations
Effects
Validity, Invalidity, Termination, Suspension
State Responsibility
Objective Responsibility and Culpa
Existence and Implementation of International Law Obligations
Compensation and Damages