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Intra EU Investment Arbitration Under Energy Charter Treaty: Can It Be Replaced ? Submitted by Kabir Singh, LLM (Netherlands)

  The EU has made its stance clear that investment arbitration in intra EU BITs are incompatible with EU law after the preliminary ruling by the CJEU in the case of Slovakische Republic Vs Achmea (C284/16) . This is also evident from the recent termination of the intra EU BITs by most of the member states by a Plurilateral Treaty which provides in Article 2 and 3 that the sunset clauses contained in those treaties shall not produce legal effect. However, the Plurilateral Treaty is not applicable to Energy Charter Treaty (ECT), which is a multilateral treaty to which the EU and as well as its member states, except Italy, are contracting parties. The ISDS provision in the ECT continues to be a legal basis for initiation of arbitration proceedings. Nonetheless, a situation can be seen as emerging, although hypothetical, that the Achmea ruling and the Plurilateral Treaty are applicable to the ECT and as a consequence of which investment arbitration is not available to foreign investor...

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Due Diligence Checklist

 Following information is required : Company Background     1. Incorporation and ownership including details of certified latest copies of memorandum and Article                of   Association     2. Details of Directors     3. Employees     4. location of operations/business     5 Recruitment and HR policies MIS and Budget Financial Information: audited annual accounts, accounting policies, details of cash management system, details of internal control environment, Fixed asset and Depreciations Cash and Bank Balance Account Receivables Other current assets Current liabilities Secured and unsecured loans Contingencies listings Income details Raw material details Selling and distribution  expenses Taxation Market performance Capital expenditure Statutory  Compliances Compliance certificates Organizational documents Immovable property: lease deed, conveyance deed, regis...

More than 100 legal Documents needed for International Financed Project (CAPEXUS$1billion)

 Here is list of legal documents that are executed at or before zero date of a global project with capex US$1billion: 1. Common Term Agreement between company, Arrangers, GFA, ECAs, lenders, Security Trustee etc 2. Facility Agreements -commercial and ECAs 3. Direct Agreements with EPC contractor, licensors, product offtakers, raw material suppliers like gas supply,  4. Security Documents- commercial mortgage, legal mortgage, sale purchase agreement, reinsurance agreement, account assignment, security assignment 5 Notices- Hedging agreement, account assignment, base equity shareholder letter of credit, primary insurance and reinsurance contracts, notarised and legalised powers of attorney,  6 Intercreditor agreement 7 Control of Accounts Agreement 8 Hedging Documents 9 Base equity shareholder agreement 10 Security Trust Deeds 11 EPC Contract 12 Bonds Advance payment, retention bond, performance  13 Gas supply Agreement 14 Product Offtake Agreement 15 Personnel Supply ...

Pandemic Fallout

 Costs are mounting, collaborations with physical contacts are limiting the business.. do not worry.  We can help you and the work delivered to your satisfaction in total confidentiality through our talented resources highly qualified and experienced. Tier 1, Tier 2 law firms, arbitration lawyers, brief preparation or such other legal drafting work  in domain of the laws in India and English law are welcome to connect.