Investment Protection And Investor-To-State Dispute Settlement In Eu Agreements

The French assets of Russian companies are covered by a bilateral investment promotion and protection agreement concluded in 1989 between the USSR and France. For example, this ILO was used in the recent arbitration procedure for the investments of a Russian investor (Roscosmos v. France, 2016). 78 European Commission communication entitled “Towards a Comprehensive European International Investment Policy” of 7 July 2010, available at www.eesc.europa.eu/en/our-work/opinions-information-reports/opinions/towards-comprehensive-european-international-investment-policy. In addition, under Article 54, paragraph 2, of the ICSID convention,[14] France has authorized its trial courts as competent courts to enforce investment decisions under the convention. [15] As a general rule, the recognition and enforcement of investment decisions is no different from the recognition and enforcement of arbitration awards. The trial is described in detail in the article by Ekaterina Grivnova`s “interpretation of arbitration clauses by the French courts” in the Russian section of this issue, with a review of the corresponding case law of Alice Claviére-Schiele et al. in the English section of the magazine. [27] Impact analysis of the creation of a multilateral investment tribunal to settle investment disputes: trade.ec.europa.eu/doclib/docs/docs/2016/october/tradoc_154997.pdf The French government is making substantial funds available to attract foreign investment through initiatives to promote overseas trade and investor support mechanisms. These efforts seem to have been effective in return if we start from a correlation with the following statistics: France was the 9th largest market in the world in 2017, with a 16% increase in foreign direct investment (“FDIs”).

[3] Currently, there are about 30,000 foreign companies operating in France and it is the home country of 29 of the world`s 500 largest companies. [4] 11 United Nations Convention Against Corruption (UNFCAC), available from www.unodc.org/unodc/en/treaties/CAC/; Azerbaijan – Croatia BIT (2007), art. 3, available from investmentpolicy.unctad.org/international-investment-agreements/treaty-files/229/download. The attached IISD report answers questions and statements from the European Commission regarding the public consultation on TTIP. The report aims to inform the public and the European institutions of the legal impact of the proposed text in the investment chapter. Just before the EU imposed economic sanctions against Russia and Russian retaliatory measures, France had been a growing target for Russian investors. According to the Bank of France, the reserve of Russian investments in France has grown rapidly, from 342 million euros in 2011 to 745 million euros in 2014. [20] According to Business France`s annual report on the state of foreign investment in France, 40 Russian companies were present in France in 2014. A total of 8 new Russian investments were created in the same year. Today, Russian companies are investing more widely in real estate – a new investment sector for CIS investors. For example, Hermitage (the French subsidiary of the Russian real estate group Stroymontazh) currently supplies 300 homes in Montévrain (Seine-et-Marne) [22] and even wants to “occupy an important position in the French market alongside Nexity and Kaufman -Broad”.

[23] Two years after the Court of Appeal of The Republic of Moldova quashed the arbitration award against the Republic of Moldova on grounds of jurisdiction, the Court of Cassation reinstated the arbitral award and indicated that, if it wished to limit the application of the treaty, a host state would do so by explicitly specifying the nature of the investments to be protected.