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    • 19/09/2022
    • News

    Tetyana Payosova and Joanna Redelbach co authored WTO chapter in The International Trade Review

    Van Bael & Bellis senior associates Tetyana Payosova (Geneva) and Joanna Redelbach (Brussels) have co-authored the WTO chapter in the 8th edition of The International Trade Law Review published by Law Business Research. The chapter examines some of the key developments in WTO case law over the past year and addresses the alternative means of settling appeals in the absence of a functioning WTO Appellate Body, including the Multiparty Interim Appeal Arbitration Agreement (MPIA) and the first-ever recourse to arbitration under Article 25 of the WTO Dispute Settlement Understanding.

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    • 15/09/2022
    • News

    European Commission publishes proposal for an EU-wide forced labour products ban

    On 14 September 2022, the European Commission published its legislative proposal for a Regulation prohibiting products made with forced labour on the European Union market. This comes precisely one year after the European Commission first announced the forced labour products ban initiative and follows the publication of the European Commission’s Decent Work Communication. The Proposal sets out a general prohibition on economic operators to make available on the EU market or export from the European Union products made, in whole or in part, with forced labour. If adopted, EU Member States will be required to directly detain, seize or order the withdrawal of any product made with forced labour at any stage of that product’s supply chain.

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    • 31/08/2022
    • News

    Implications of the EU carbon border adjustment mechanism (“CBAM”) for Switzerland

    On 14 July 2021, the European Commission (“Commission”) published its proposal for a regulation establishing a carbon border adjustment mechanism (“CBAM proposal”). The EU CBAM will put a price on carbon embedded in certain imported products and is conceived as a measure against the risk of carbon leakage. That risk could arise if EU companies move their production abroad to avoid the costs of paying for carbon domestically (i.e. under the EU Emissions Trading System (“EU ETS”)) or import cheaper foreign products that are not subject to a carbon price in their country of production. The EU CBAM thus aims not only at preventing the risk of carbon leakage, but also at ensuring a level playing field for domestic and imported products. The CBAM proposal initially targets five sectors – aluminium, cement, electricity, fertilisers as well as iron and steel. In addition, as proposed by the European Parliament (“EP”), it could potentially also apply to hydrogen, organic chemicals and plastics. In the long run, its scope will be gradually expanded to other sectors covered by the EU ETS, such as glass, ceramics and synthetic rubber.

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    • 19/08/2022
    • News

    Update – Switzerland Imposes Sanctions Targeting Russia

    In response to Russia’s military aggression against Ukraine and following the adoption by the European Union of sanctions targeting Russia, the Federal Council of Switzerland introduced a first package of sanctions on 28 February 2022 severely restricting economic relations with Russia, and with selected Russian entities and persons. On 4 March 2022, Switzerland approved a second package of sanctions, which was further updated with additional targeted sanctions on 16 March 2022. Subsequent additional sanctions, including new targeted sanctions, were adopted on 25 March, 13 April, 27 April, 3 May, 10 June and 29 June 2022. On 3 August 2022, Switzerland introduced the latest package of sanctions and, on 16 August 2022, imposed additional targeted sanctions. The applicable Swiss sanctions are set out in the Ordinance on measures related to the situation in Ukraine (SR 946.231.176.72) (“Russia Sanctions Ordinance”). Sanctions imposed by Switzerland generally fall within one of the four broad categories: trade restrictions, measures related to specific areas, financial sanctions and other restrictions.

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    • 30/05/2022
    • News

    Fabrizio Di Gianni participates in conference on the European steel market

    On 30 May 2022, Van Bael & Bellis partner, Fabrizio Di Gianni, participated in a panel on the new worldwide market trends in the steel sector following the disruptions caused by major events such as the war in Ukraine and the Covid-19 pandemic. The conference, which formed part of the Europe Steel Markets 2022 event organized by Kallanish, was titled "Key markets beyond Europe - demand, investment & trade flows". Other members of the panel included Tomas Gutierrez (Managing Editor at Kallanish - Asia), Burcak Alpman (Editor at Kallanish - Turkey), Sayed Aameer (Editor at Kallanish - India Sub Continent) and Katya Ourakova (Editor CIS at Kallanish). The panel was moderated by Adam Smith (Managing Editor at Kallanish). For more information on the conference, please click here.

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    • 25/02/2022
    • News

    Tetyana Payosova and Joanna Redelbach co-author article on "The EU Carbon Border Adjustment Mechanism – Implications for India"

    Van Bael & Bellis senior associates Tetyana Payosova and Joanna Redelbach have co-authored an article with Sanjay Notani, senior partner at Economic Laws Practice (ELP), entitled ‘The EU Carbon Border Adjustment Mechanism – Implications for India’

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    • 23/02/2022
    • Articles

    ICSID tribunal declines to revisit its decision in light of the CJEU’s judgment in Komstroy

    On 1 February 2022, the tribunal in Infracapital v. Kingdom of Spain (ICSID Case No. ARB/16/18) dismissed Spain’s request to reconsider the tribunal’s jurisdiction to hear a dispute under the Energy Charter Treaty (“ECT”). In its Reconsideration Decision, the tribunal examines and rejects Spain’s intra-EU jurisdictional objection based on the judgment of the Court of Justice of the European Union (“CJEU”) in Case C-741/19, Republic of Moldova v. Komstroy LLC (“Komstroy”) (see our client alert). According to the tribunal, the Komstroy judgment is entirely irrelevant to its rulings on jurisdiction and on liability. Please click on the link below to read our client alert on this matter.

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    • 14/01/2022
    • Articles

    欧州委員会による炭素国境調整措置(CBAM)導入規則案の公表及び日本企業への示唆 / Note on the implications of future EU CBAM for Japan

    2021年7月14日、欧州委員会は、炭素国境調整措置(CBAM)を導入する規則案を公表しました。今後、欧州議会や閣僚理事会により重要な修正が加えられる可能性もありますが、本稿では、規則案において提案されているCBAMの主要な要素及び日本企業への示唆を説明します。

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    • 09/12/2021
    • Articles

    The Commission Publishes Regulation to Counter Economic Coercion

    On 8 December 2020, the European Commission (“Commission”) published its proposal for a Regulation on the protection of the EU and its Member States from economic coercion by third countries (“proposed Anti-coercion Regulation”).[1] The proposal aims to deter third countries from pressuring the EU or a Member State through trade or investment-related measures by empowering the Commission to strike back with a wide range of countermeasures. This Client Alert provides a first glance at the proposal and offers some initial comments.

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