Mark McNeill, left, and Alexander G. Leventhal, right, are partners at Quinn Emanuel Urquhart & Sullivan. Courtesy photos 'Micula v. Romania': DC Circuit Offers Hint of What's to Come for Intra-EU Awards
European Union states and the European Commission argue that any offer to arbitrate in an intra-EU Biliateral Investment Treaty is void ab initio and an award rendered by virtue of such a BIT must be invalid for lack of jurisdiction. That position, however, has had less traction in jurisdictions outside of the EU.
June 07, 2024 at 08:00 AM
6 minute read
Commentary
On May 14, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Ioan Micula et al. v. Government of Romania rejecting an attempt by Romania to avoid enforcement of an award issued under the bilateral investment treaty ("BIT") between Romania and Sweden, two member states of the European Union.
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