{"title":"Towards a bumpy ride into the sunset: on the mutual termination of IIAs and their sunset clauses","authors":"A. Lauvaux","doi":"10.1093/arbint/aiac010","DOIUrl":null,"url":null,"abstract":"Sunset clauses in International Investment Agreements (IIAs) have recently become the subject of renewed attention after the European Commission and European Union (EU) Member States announced their intention to abrogate sunset clauses found in intra-EU IIAs as part of their plan to end existing intra-EU IIAs. Sunset clauses (or survival clauses) are provisions commonly found in IIAs that extend their application for a given period of time after their termination. This article reflects on the consequences of terminating IIAs and simultaneously depriving sunset clauses of their legal effects, and explores how investors could nonetheless attempt to bring disputes arising out of their investments before arbitral tribunals.","PeriodicalId":37425,"journal":{"name":"Arbitration International","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arbitration International","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/arbint/aiac010","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Sunset clauses in International Investment Agreements (IIAs) have recently become the subject of renewed attention after the European Commission and European Union (EU) Member States announced their intention to abrogate sunset clauses found in intra-EU IIAs as part of their plan to end existing intra-EU IIAs. Sunset clauses (or survival clauses) are provisions commonly found in IIAs that extend their application for a given period of time after their termination. This article reflects on the consequences of terminating IIAs and simultaneously depriving sunset clauses of their legal effects, and explores how investors could nonetheless attempt to bring disputes arising out of their investments before arbitral tribunals.
期刊介绍：
Launched in 1985, Arbitration International provides quarterly coverage for national and international developments in the world of arbitration. The journal aims to maintain balance between academic debate and practical contributions to the field, providing both topical material on current developments and analytic scholarship of permanent interest. Arbitrators, counsel, judges, scholars and government officials will find the journal enhances their understanding of a broad range of topics in commercial and investment arbitration. Features include (i) articles covering all major arbitration rules and national jurisdictions written by respected international practitioners and scholars, (ii) cutting edge (case) notes covering recent developments and ongoing debates in the field, (iii) book reviews of the latest publications in the world of arbitration, (iv) Letters to the Editor and (v) agora grouping articles related to a common theme. Arbitration International maintains a balance between controversial subjects for debate and topics geared toward practical use by arbitrators, lawyers, academics, judges, corporate advisors and government officials.
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