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Micula and Others v. Romania

United Kingdom, England.  19 February 2020 .

Published online by Cambridge University Press:  13 January 2022

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Abstract

Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Enforcement proceedings — Arbitration (International Investment Disputes) Act 1966 implementing ICSID Convention in domestic law

Relationship of international law and municipal law — Treaties — ICSID Convention, 1965 — Obligations of the State under ICSID Convention — European Union law — Treaty on the Functioning of the European Union — Article 351 — Duty of sincere co-operation — Whether obligations of the State under EU law interfering with enforcement of an ICSID arbitration award

Treaties — Treaty on the Functioning of the European Union — Article 351 — Obligations of Member States of the European Union — Conflicting treaty obligations — Obligations arising under pre-EU treaties — Obligations arising under EU Treaties themselves — Whether EU Treaties affecting duty of a Member State to respect rights of non-member States under prior agreement — The law of the United Kingdom

Type
Case Report
Copyright
© Cambridge University Press 2021

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