It is interesting to note that the whistleblowing agreement only requires the ratification of two Member States to enter into force. In addition, the provisional application of the termination agreement is provided for. Prima facie, the agreement puts a definitive end to all current and new arbitration proceedings initiated in Achmea, with very limited transitional measures which, moreover, are supposed to be particularly unattractive to investors and complainants. The whistleblowing agreement simply stipulates that all internal EU bits in an annex are denounced by this agreement. In addition, it states that the « Sunset » clauses contained in the internal EU bit « have no legal effect ». Following their Promise in January a few weeks ago, Member States negotiated, under the authority of the European Commission, a multi-lateral agreement to end the EU internal termination agreement. In essence, the termination agreement resolves two issues: the intermediary obtains a transaction agreement within six months, but the parties may agree to a longer period. It should be noted that any transaction agreement must take into account the judgments of the European Court of Justice as well as the concrete decisions of the European Commission. This last point seems to be aimed at ensuring that decisions on the European Commission`s state aid, as in the famous case of Micula, are not ignored by the Ombudsman. The termination agreement stipulates that all intra-EU arbitration procedures concluded before Achmea, i.e. before 6 March 2018, are not affected. In other words, it does not retroactively provide for an arbitration procedure definitively concluded with a final arbitration award or a transaction agreement before Achmea. These include an arbitral award which has already been executed or carried out in the pending proceedings (opened before 6 March 2018), but which has not yet been definitively executed or executed when the investor undertakes not to initiate recognition, execution, execution or payment proceedings in a Member State or third country or , if such a procedure has already been initiated, to request the suspension.
Although the text of the termination contract has not yet been officially published, a draft contract has been disclosed and will be used for the analysis below. It is interesting to note that the termination agreement does not explain what will happen to the dispute if no transaction agreement has been reached. Can the investor continue the arbitration process or is the dispute suddenly closed? The intermediary is chosen by mutual agreement between the investor and the Member State concerned. It is interesting to note that the intermediary must not only be independent and impartial, but also have an in-depth knowledge of EU law, not an in-depth knowledge of investment law. If the parties fail to agree on an intermediary, the authority vested with the power of the framework, left open in brackets in the draft text, appoints the mediator. In addition, the ILO`s internal EU slaughter, as well as its Sunset clauses, cleans the slate and equates the internal ILO practice with the Achmea decision for the majority of EU Member States. It also paves the way for the modernisation of investment law across the EU, including the development of a multilateral institution for international investment arbitrage, a goal well known to many European countries. Atassi, now totally powerless, relinquished the presidency in July 1939. The French High Commissioner suspended the Syrian Constitution and decided to dissolve Parliament. Two months later, France`s entry into the Second World War was accompanied by a state of siege in the Levant. The opportunity to have a true Franco-Syrian was now clearly missed.
It was not until December 1943 that France officially recognized the independence of Syria (and Lebanon) and French troops finally left the country in April 1946. This withdrawal came under the watchful pressure of the new United Nations (UN), without any treaty being signed, and therefore without guaranteeing special relations with France.