Modernisation of the Energy Charter Treaty: A necessary turning point for investment protection in the energy sector?

By Agata Daszko[1] and Kilian Wagner[2] Introduction The Energy Charter Treaty (“ECT” or “Treaty”), signed in December 1994 in Lisbon, has its origins in the 1990 proposal of the Dutch Prime Minister, Ruud Lubbers, which first resulted in the European Energy Charter of 1991 as a political declaration and continued in the negotiations for a … Continue reading Modernisation of the Energy Charter Treaty: A necessary turning point for investment protection in the energy sector?

Green Power v. Spain: Intra-EU Game Changer or an Exception that Confirms the Rule?

by Iván Levy[1] Introduction On June 16, 2022, the Tribunal in Green Power Partners K/S & SCE Solar Don Benito APS v. The Kingdom of Spain (Green Power v. Spain) issued its award and became the first tribunal to uphold the so-called intra-EU objection.[2] After a large number of decisions historically rejecting the objection, is … Continue reading Green Power v. Spain: Intra-EU Game Changer or an Exception that Confirms the Rule?

Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination

By Velislava Hristova[1] Held in a hybrid format, the Young EFILA’s official kick-off event took place on 8 June 2022 at the Amsterdam office of Linklaters LLP and online.  The event featured an Oxford-style debate on the motion: “After Achmea, Komstroy and PL Holdings: the EU is still an attractive foreign investment destination”. The debate … Continue reading Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination

Unveiling Japan’s Modern BIT Policy: A Review of its Procedural Provisions

by Takashi Yokoyama (SymBio Pharmaceuticals)[i] and Yosuke Iwasaki (Sidley Austin LLP)[ii] This is the second post in two compositions analyzing Japan’s modern BIT policy.[iii] It aims to underline certain drafting hallmarks of Japan’s recently signed IIAs by examining the procedural provisions from Japan’s seven recent investment agreements, namely the Japan-Argentina BIT (JAGT), Japan-Armenia BIT (JAMT), … Continue reading Unveiling Japan’s Modern BIT Policy: A Review of its Procedural Provisions

The UNCITRAL Working Group III negotiations and the Multilateral Investment Court: Scrutinizing consistency in Investor State Dispute Settlement

by Sahaj Mathur (Third Year Bachelor of Law Student at the National University of Juridical Sciences, Kolkata) Introduction It has been widely suggested that the International Investment Arbitration regime is undergoing a legitimacy crisis. A major factor behind backlash against the regime is the lack of coherence and consistency in Investment Arbitration. Such inconsistency can … Continue reading The UNCITRAL Working Group III negotiations and the Multilateral Investment Court: Scrutinizing consistency in Investor State Dispute Settlement

VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19

Krishna Agarwal (Gujarat National Law University, India) 1. Introduction The unprecedented COVID-19 pandemic has grappled the world and is comparable to the Argentine crisis as the States have taken emergency measures like Argentina in the wake of economic crisis.[1] However, unlike Argentina, the States have taken multiple emergency measures to curb the adverse effects of … Continue reading VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19

Call for Papers:

2nd Bucerius Conference on Investment Law & Arbitration The 2nd BCILA is supported by Dr. Yas Banifatemi and Prof. Dr. Kaj Hobér as Honorary Patrons as well as by the Arbitration Institute of the Stockholm Chamber of Commerce, the Vienna International Arbitral Centre, and the Bucerius Center for International Dispute Resolution as institutional partners. In … Continue reading Call for Papers:

Moldova v Komstroy: A Moment Of Reckoning For Intra-EU Investment Arbitration Under The ECT?  Considering Its impact On Tribunals, Investors And EU Member States

Stephanie Collins, Associate Attorney, Gibson, Dunn & Crutcher UK LLP On 2 September 2021, the Court of Justice of the European Union (the “CJEU”) issued its ruling in Republic of Moldova v Komstroy concluding that, as a matter of EU law, Article 26 of the Energy Charter Treaty (“ECT”) is not applicable to “intra-EU” disputes.  … Continue reading Moldova v Komstroy: A Moment Of Reckoning For Intra-EU Investment Arbitration Under The ECT?  Considering Its impact On Tribunals, Investors And EU Member States

Report on the 7th Annual EFILA Lecture delivered by Annette Magnusson (Climate Change Counsel), Brussels, 28 October 2021

Pieter Fritschy (Senior Associate, Nauta Dutilh) "ENERGY CHARTER TREATY ARBITRATION AND THE PARIS AGREEMENT – FRIENDS OR FOES?" On 28 October 2021, Annette Magnusson delivered the 7th Annual EFILA Lecture in Brussels. The topic of her lecture concerned the relationship between the Energy Charter Treaty and the Paris Agreement, more specifically the question of whether … Continue reading Report on the 7th Annual EFILA Lecture delivered by Annette Magnusson (Climate Change Counsel), Brussels, 28 October 2021

Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions

By Yosuke Iwasaki (Sidley Austin LLP) and Takashi Yokoyama (Tenzer Arrieta PLLC)[1] While Japan has signed 36[2] bilateral investment treaties (“BITs”) with predominantly capital importing countries, historically the Japanese government’s investment treaty policy has been veiled in secrecy. While some countries, such as the United States and India, have officially published their own model BITs, … Continue reading Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions