The EU has not been successful in convincing India to relaunch long-stalled bilateral free trade negotiations. Nor has it been able to stop New Delhi from cancelling its bilateral investment treaties with individual EU member states. So far, there seems no way out of the impasse, a letter written by trade commissioner Cecilia Malmström …
Investment liberalisation agreements
In depth: Where we are in the intra-EU BIT saga
The silent turf war between the EU Commission and intra-EU investor-state arbitral tribunals and member states that back the bilateral investment treates – BITs – that underpin them is continuing. But resolution of the conflict will likely need to wait until 2018. A Borderlex long-read.
EPP weighs into EU debate on FDI screening
MEPs from the main centre-right group EPP are preparing a motion that would call on the EU Commission to introduce screening of foreign direct controls. The proposal is being circulated by MEP heavyweights Manfred Weber, Daniel Caspary, Tokia Saifi, Iuliu Winkler, Slavatore Cicu, Frank Proust, Godelieve Quisthoudt-Rowohl, Viviane Reding, Andreas …
EU Commission mulls options to bloc politically motivated investments
Details of Commission plans to potentially screen and bloc foreign direct investments that are “politically motivated” have started leaking. The plans were initiated shortly after Germany blocked the acquisition of a German firm Aixtron by a Chinese state-owned company in late 2016, following a request by Berlin, Paris and Rome. The plans consider the …
Advocate General says BITs with Singapore can only be terminated by member states
The EU Singapore FTA is the first practical test case for the termination of bilateral investment treaties signed by the European countries before 2009 – the year of entry into force of the Lisbon Treaty. Twelve member states have BITs in place with Singapore. These treaties cover investment protection and investor-state dispute settlement. …
EU presidents outline trade wish list for G20 summit as protectionism worries shift to investment
Council president Donald Tusk and Commission president Jean-Claude Juncker have set out the European Union’s priorities for the coming G20 summit in Hangzhou, China (4&5 September). The summit will deal with a wide array of economic topics, from tax to finance to climate issues, but also trade policy. The G20 summit gathers against …
National security related restrictions to FDI on rise – New UNCTAD report
The freshly released flagship annual UNCTAD World Investment Report highlights that national security motivations to restrict investments are on the rise globally, not least also in Europe. “In recent years, national security-related concerns have gained more prominence in the investment policies of numerous countries”, the report stresses. “Different approaches …
International arbitration profession: EU investment court proposal “half baked”
Europe’s international arbitration professionals are digesting and debating the EU’s idea of an international investment court to replace arbitration. Insights into the internal debate by Iana Dreyer.
Interview: EU international investment court idea: 3 questions to Lauge Poulsen
Lauge Poulsen, Assistant Professor in International Political Economy at University College London, tells us what he thinks of the EU’s proposal to establish an international investment court system (ICS) to replace private arbitration to settle disputes between investors and host states. The EU is notably proposing such a system to …
ISDS: can the EU’s international investment court revolution succeed?
The EU is trying to revolutionise the international investment protection order with its new proposal to establish an international investment court – ICS – to adjudicate conflicts between international investors and host states. Starting a revolution is no small feat, and needs a lot of strategising, organising, and a competent, agile, avantgarde. Whereas the …
