Scrutinising the resolution of European Union banks through the looking glass of investment treaty arbitration
| Autor | Georges Affaki |
| Cargo | Professor of Law |
| Páginas | 43-53 |
Scrutinising the resolution of European Union
banks through the looking glass of investment
treaty arbitration
Georges affaki*
RVLJ, N.º 13, 2020, pp. 43-53.
1. Over the past two decades, I have had the pleasure of discussing regu-
larly with my colleague and friend Professor James Otis roDner S. issues
relating to international ban king and to international arbitration. His multi-
lingual skills, openness to comparative law and sheer curiosity about inter-
national practice has always yielded most interesting intellectual exchanges.
The topic that I chose to contribute to the essays in his honor attempts t o span
some of the issues that we used to discuss.
2. Illustrating the challenges raised by the resolution of banks in the Euro-
pean Union (EU) with a case involving the liquidation of a Peruvian bank
may seem a bold introduction. However, the lessons to be learned from this
case may be of guidance to many a national resolution authority when exer-
cising their powers under Directive 2014/59/EU1 (BRRD) on the recover y
and resolution of credit institutions.
* University of Paris ii, Professor of Law. Avocat à la Cour, Paris, member of the ICC In-
ternational C ourt of Arbitration and of the ICSID Panels of Arbit rators and Mediators.
1 Directive 2014/59/EU of the European Parlia ment and of the Council of 15-05-14 es-
tablishing a fr amework for the recovery and resolution of credit institutions and in-
vestment firm s and amending Council Di rective 82/891/EEC, and Directives 2001/24/
EC, 2002/47/EC, 2004 /25/EC, 2005/56/ EC, 2007/36/EC, 2011/35/EU, 2012/30/EU
and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) N.º 648/2012, of the
European Parliame nt and of the Council (OJ L 173, 12-06-14, p. 190).
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