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Effect of EU accession on BIT
Practical Law UK Legal Update 9-378-9464 (Approx. 5 pages)
Effect of EU accession on BIT
by PLC Dispute Resolution
In Eastern Sugar BV (Netherlands) v The Czech Republic (UNCITRAL ad hoc arbitration SCC no 088/2004) an ad-hoc tribunal has rejected an argument that obligations undertaken by the Czech Republic pursuant to a bilateral investment treaty were superseded or affected by that country's accession to the EU.
The tribunal's approach to the question of the compatibility of the two regimes was extremely robust. It appears that there are several other arbitrations involving the Czech Republic which may potentially raise similar issues.
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Resource ID 9-378-9464© 2024 Thomson Reuters. All rights reserved.
Published on 14-Nov-2007
Resource Type Legal update: archive
Jurisdiction
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