Published on 12 March 2018 in Client Alerts

ECJ considers whether investor-State arbitration under intra-EU BITs is compatible with EU law

On Tuesday (6 March 2018), the Court of Justice of the European Union (“CJEU”) gave judgment in Slovak Republic v Achmea BV, C-284/16, EU:C:2018:158.  The case concerned a request for a preliminary ruling from the German Federal Court of Justice regarding the interpretation of Articles 18, 267 and 344 of the Treaty on the Functioning of the European Union (“TFEU”).  In particular, the case considered whether investor-state arbitration provisions contained in intra-EU bilateral investment treaties (“BITs”) are compatible with EU law.

In its judgment, the CJEU considered inter alia the nature and characteristics of EU law, whether an arbitral tribunal established pursuant to an intra-EU BIT is situated within the system of the EU and whether an arbitral award made by such a tribunal is subject to review by a court of an EU Member State.

The full English-language text of the judgment is available here.  Other EU language versions of the judgment can be found here.

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Volterra Fietta engaging with China’s “going-abroad” policy Volterra Fietta 为中国“走出去”战略贡献力量

随着中国不断强调双边投资协定在保护其对外投资中的重要作用,并鼓励中国投资者运用国际法机制来保障自身权益,Volterra Fietta 受邀为这一重要倡议作出贡献。

In the past couple of decades China has become the world’s biggest overseas investor.  Chinese State-Owned-Enterprises and private businesses have spent trillions of dollars in foreign investments.  Inevitably, disputes arise between Chinese companies and foreign governments and business counterparties.

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Volterra Fietta ranks again at the top tier in the world’s leading independant global legal directories (Legal 500 and Chambers and Partners)

Volterra Fietta has been recognised at the top tier of law firms specialising in public international law and international dispute resolution, for yet another year.  These rankings continue Volterra Fietta’s uninterrupted perfect record in these global legal directories, held since it was founded in 2011.

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Algeria adopts new mining law

On 3 August 2025, Algeria adopted Law No. 25‑12 of 3 August 2025 governing mining activities, which was published in the Official Journal No. 52 on 7 August 2025 (“New Mining Law”). The law repeals the previous mining regime established under Law No. 14-05 of 24 February 2014.

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ITLOS amends guidelines on the preparation and presentation of cases before the Tribunal

In September 2025, the International Tribunal for the Law of the Sea (“ITLOS”) adopted amendments to its Guidelines concerning the Preparation and Presentation of Cases before the Tribunal (“Guidelines”).  The revised text updates the Guidelines that the Tribunal originally adopted in 1997.

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