March 2019 - international litigation blog
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March 2019

March 27, 2019 In Uncategorized By Quentin Decleve

SAVE THE DATE: CEPANI40 Event on Investment Arbitration and EU Law

On 8 May 2019, Van Bael & Bellis (my firm) will host a CEPANI40 event on the relationship between investment arbitration and EU law. The timing of the event could not have been better since the Court of Justice of the European Union will have delivered its long-awaited Opinion 1/17 (on CETA) just a couple of days before (on 30 April 2019).

You will find the full programme of the event below. For registration, please send an email (with your affiliation) to events@vbb.com.

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March 19, 2019 In Uncategorized By Quentin Decleve

The United States Requests KORUS Consultations with South Korea over Competition Policy

I reported a couple of weeks ago that the European Union (the EU) requested, in December 2018, formal consultations with South Korea following Korea’s failure to implement certain sustainable development commitments made under the EU-Korea Trade Agreement.

It now appears that it is the United States’ turn to initiate formal consultations with South Korea pursuant to Chapter 16 of the US-Korea Free Trade Agreement (KORUS).READ MORE

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March 13, 2019 In State immunity By Julian Arato

Equivalence and Translation: Further thoughts on IO Immunities in Jam v. IFC

At the end of February, the Supreme Court of the United States issued a landmark judgment on the immunity of international organizations in Jam v. International Finance Corporation, 58 U.S. (2019). The case concerned the meaning of the 1945 International Organizations Immunities Act (IOIA), which affords international organizations “the same immunity from suit […] as is enjoyed by foreign governments“[1]. Writing for a 7-1 majority, Chief Justice Roberts found that the IOIA incorporates a dynamic immunities regime, equivalent to whatever immunities US law affords to foreign states. The immunities of international organizations are keyed to sovereign immunity. The former evolve to meet the latter. Thus, as the US law of sovereign immunity has shifted from an absolute to a restrictive paradigm with the enactment of the 1952 Foreign Sovereign Immunities Act (FSIA), so too does the IOIA today incorporate merely restrictive immunity for international organizations.READ MORE

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March 12, 2019 In Applicable law(s), Intra-EU BIT By Quentin Decleve

Achmea – A Year After: My Contribution in European Papers

Dear readers,

As we have just celebrated the first anniversary of the Achmea judgment (which the Court of Justice of the European Union (CJEU) handed down on 6 March 2018), I wanted to share with you an article that I have just published in the European Papers[1] on the implications of that judgment on investor-State dispute settlement and applicable law clauses in BITs and other agreements concluded by the EU (or its Member States) with third countries.READ MORE

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