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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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    • 02/12/2021
    • Books

    Van Bael & Bellis partners Philippe De Baere, Clotilde du Parc and Isabelle Van Damme publish commentary on the WTO Anti-Dumping Agreement

    Publisher
    Cambridge University Press

    Cambridge University Press has just published “The WTO Anti-Dumping Agreement” authored by Van Bael & Bellis partners Philippe De Baere, Clotilde du Parc and Isabelle Van Damme. The book provides a unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case law. This commentary is an indispensable reference tool for all those working in the area of anti-dumping. Experts in international trade law, the authors have all been involved in a large number of WTO disputes and have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts. The book is available to order here.

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    • 24/11/2021
    • Articles

    European Commission proposes deforestation due diligence rules

    On 17 November 2021, the European Commission (“Commission”) published a Proposal for a Regulation on placing on the EU market and exporting from the European Union wood, cattle (beef), cocoa, coffee, palm oil and soy and derived products associated with deforestation and forest degradation (“Proposed Regulation” or “Proposal”). According to the Proposal, those products can no longer be placed or made available on the EU market, nor can they be exported from the EU market, unless they are deforestation-free. The Proposal is presented as part of the European Union’s initiatives to address climate change, such as the European Green Deal. The publication of the Commission’s legislative proposal comes in the wake of COP26, where global leaders, including the European Union, made pledges to stop deforestation. This Client Alert sets out the key elements of the Proposal that are of interest to producers, traders, importers and exporters of wood, cattle (beef), cocoa, coffee, palm oil and soy as well as some derived products.

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    • 10/11/2021
    • Articles

    BITs and FITs: Investment treaty claims arising out of Ukraine’s recent amendments to its FIT scheme

    On 28 October 2021, the International Centre for Settlement of Investment Disputes (ICSID) registered a new request for arbitration proceedings brought against Ukraine by SREW NV (SREW). SREW, which owns the 110-megawatt Dnepro-Bugsky wind power station in southern Ukraine, is claiming that Ukraine’s reforms to its tariff regime are in breach of the BLEU (Belgium-Luxembourg Economic Union) - Ukraine bilateral investment treaty (BIT). This follows the claim earlier in the year by Modus Energy International (Modus Energy), a Lithuanian investor in three solar power plants in Ukraine, which filed SCC arbitration proceedings against Ukraine under the Energy Charter Treaty (ECT). Modus Energy is claiming, by way of its Dutch subsidiary, that Ukraine has breached the ECT through the adoption of Law No. 810-IX, a legislative reform which reduced guaranteed feed-in tariffs (FITs). It is reported that Modus Energy is claiming damages of approximately EUR 11.5 million. Yet, the claims by SREW and Modus Energy may only be the first set of claims in a potential wave of investment treaty claims, under the ECT or other bilateral investment treaties, that Ukraine may face over recent amendments to its FIT regime. Elementum Energy, a UK investor, has already filed a notice of dispute under both the ECT and the UK-Ukraine BIT and it is reported that investors from Norway, South Korea and Turkey are also considering or have already filed similar trigger letters in response to Ukraine’s legislative reforms. In this Client Alert, we discuss the recent legislative reforms to Ukraine’s FIT regime which have already given rise to the disputes referred to above. We also consider the claims which Ukraine could face in the context of similar claims which other States have faced in response to the reduction in FITs.

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    • 04/11/2021
    • Articles

    Case C-109/20: an ad hoc arbitration agreement cannot be used to circumvent an invalid arbitration clause in an intra-EU BIT

    On 26 October 2021, the Court of Justice of the European Union (“CJEU”) decided, in its judgment in Case C-109/20 Republic of Poland v PL Holdings, that where an investor-State arbitration clause in an intra-EU bilateral investment treaty (“BIT”) is invalid under European Union (“EU”) law, investors cannot rely on a tacit ad hoc arbitration agreement with identical content to the arbitration clause. Importantly, the CJEU clarified that EU Member States must contest the jurisdiction of an arbitral tribunal in such a situation and national courts of the Member States must uphold an action to set aside an arbitration award made on the basis of an arbitration agreement that is contrary to EU law. Click on the link below to read our client alert on this matter.

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    • 18/10/2021
    • Books

    Philippe De Baere authors WTO chapter of The International Trade Law Review, 7th edition

    The International Trade Law Review, the 7th edition of which was recently published by Law Business Research, includes a chapter on the World Trade Organization authored by Philippe De Baere. The chapter examines significant legal developments in the area of WTO dispute settlement proceedings during the past year and addresses the impact of covid-19 on those proceedings as well as the Appellate Body impasse, the Multi-party Interim Appeal-Arbitration Arrangement and the use of alternative means of dispute resolution. Van Bael & Bellis associates Tetyana Payosova, Joanna Redelbach and Victor Crochet assisted in the drafting of the chapter.  Please click on the PDF below to access the chapter.

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