THE DECIMATION OF THE INTRA EU BITS

The article concentrates on the process which led to the decimation of the intra-EU Bilateral Investment Treaties, due the affirmation of the public policy of European Union which takes precedence over the international obligations arisen for states from Bilateral Investments Treaties (BITs) and other multilateral investment treaties. In a last update on the situation, the Court of Justice of the European Union found on 6th of March 2018 for a first time, by way of providing answers to a preliminary question addressed by German Federal Court of Justice, that the arbitration clause in intra EU BITs is incompatible with the European Law as it provides a mechanism for settling investment disputes which is not capable of ensuring the proper application and full effectiveness of EU law, having an adverse effect on the autonomy of EU law. The effects of the Court of Justice of the European Union decision on 6th of March 2018 are going to be various at national, european and international level from the transformation of the still existing intra EU BITs or multilateral investments treaties, in useless international instruments to changing entirely the investment law system of guarantees and perhaps to engaging the state or EU responsibility for internationally wrongful acts

INSURING CONSISTENCY WITHIN THE WIPO’S UDRP DECISIONS ON DOMAIN NAMES LITIGATIONS

The paper presents the need of insuring consistency within the domain name litigations starting with the adoption of the UDRP as a mean to insure uniform dispute resolution and continuing with the creation and application of the different practical instruments of insuring consistency identified and used by the few providers of UDRP services. The paper shall focus on the UDRP’s application by the WIPO Mediation and Arbitration Center and the consistency issues under UDRP, by analyzing the working instruments of insuring this consistency at the level of Administrative Panel’s decision and how these instruments are thought within the UDRP WIPO’s practice. Further the paper shall analyze the correspondence between the independence of the Administrative Panel and the consistency issues and shall conclude on the need to insure consistency as a prerequisite for predictability and stability of the domain names dispute resolution