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On 1 December 2025, the Minister for Foreign Affairs and Trade (the Minister) published the Arbitration (Amendment) Bill 2025 (the Bill) to give effect in Ireland to certain international agreements concerned with protecting investment.
We outline the Bill's key features and updates.
- Purpose: The aim of the Bill is to enable Ireland to ratify agreements with investment protection agreements, whilst still within the parameters of Irish constitution and EU law. Greater certainty on issues such as this is positive for investors.
- How does it do this: The Bill amends the Arbitration Act 2010 (the Act) to enable effect to be given in Ireland to certain international agreements concerned with protecting investment, and to provide for related matters, including a new section 25A to the Act, which includes six subsections.
- Application: Section 4 of the Bill amends the Arbitration Act 2010 by inserting a new section 25A of the Act (Section 25A).
Section 25A.1 gives effect to the following international agreements with investment protection provisions:
- the Comprehensive Economic and Trade Agreement (CETA) between (1) Canada, and (2) the EU and its Member States;
- the Advanced Framework Agreement between (1) the European Union and its Member States and (2) the Republic of Chile; and
- international agreements prescribed by order under subsection 5.
Section 25A.5 empowers the Minister, after consultation with the Minister for Justice, Home Affairs and Migration, to prescribe by statutory Order certain international agreements concerned with the protection of investment as ones to which section 25A of the Act will apply. The EU has been establishing free trade agreements which includes, for example, the CETA.
Section 25A.6 provides that every such order must be laid before both Houses of the Oireachtas and may be annulled within 21 days.
- Enforcement of awards made pursuant to an international agreement: Section 25A.2 provides that awards made pursuant to an international agreement to which the section applies will be enforceable in Ireland by leave of the High Court in the same manner as a judgement or order for the High Court. Such award may only be enforced under section 25A.
- When the award is not enforceable: Section 25A.3 provides that such an award is not enforceable in Ireland if enforcing the award would compromise the constitutional order of the State, or the autonomy of the legal order of the European Union. These grounds are based on those identified by the Irish Supreme Court in the case of Costello v Government of Ireland [2022] IESC 4. The Court had suggested that altering the "automatic enforcement" of a CETA award by expanding the grounds of review of CETA awards to investors under Irish law should cure any unconstitutionality. The case also had to consider issues of the application of EU law and matters which are shared competencies between the EU and Member States, including in the area of regulation of indirect foreign investment. The decision had been described by the Court has one of the most important it had been required to hear in its history.
- Appeals: Section 25A.4 provides that there is no appeal from the High Court to the Court of Appeal on determination of an application for enforcement. However, an appeal to the Supreme Court may made if the Supreme Court accepts the appeal in accordance with Article 34.5.4 of the Constitution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
