Dr Crina Baltag, FCIArb is Associate Professor (Docent) in International Arbitration at Stockholm University and a qualified attorney-at-law with almost twenty years of extensive practice in various aspects of international dispute resolution, private and public international law. A well-rounded practitioner with very diverse experience, Crina sits as an arbitrator (ICC, LCIA, SIAC, SCC, FAI, VIAC … Continue reading Young EFILA in conversation with… Crina Baltag
By Herbert Woopen In Part I, this post explored and analysed domestic regulations in Italy concerning investment and ECJ’s decisions stemming from those. Now, Part II will look at international law solutions and will analyse how the European Union could and should amend past erroneous decisions. III. The role of International Law where EU Law … Continue reading Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part II)
By Herbert Woopen I. Introduction: The EU’s ambition The EU has for a long time wished to be the frontrunner for innovative investments in green technology and strived to secure future economic growth for European companies exporting products for a sustainable world economy, products that are and will be invented in Europe. These intentions deserve … Continue reading Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)
Dr. Kabir Duggal is an attorney in Arnold and Porter's New York office focusing on international investment arbitration, international commercial arbitration, and public international law matters, serving both as arbitrator and mediator. He is recognised as a “Chartered Arbitrator” by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. Dr. Duggal is … Continue reading Young EFILA in conversation with… Kabir Duggal
by Ioana Maria Bratu Context States’ failure to meet the 2015 Paris Agreement targets has already had substantial impacts on the world of arbitration, including national courts imposing CO2 levels reduction on big oil companies, NGOs becoming much more involved in climate change disputes (see here para. 3.5), and recently culminating with Belgium, France, Spain … Continue reading CSR in Investment Arbitration: The long way ahead
Amanda J. Lee, FCIArb is an Arbitrator and Consultant at Costigan King, London. She is a Visiting Lecturer at the University of Law, UK, and a Member of the INIAC Advisory Board, and ArbitralWomen's Advisory Council, amongst other roles. Amanda is the Founder of Careers in Arbitration and ARBalance. We sat down with her to hear … Continue reading Young EFILA in conversation with… Amanda Lee
By Danilo Ruggero Di Bella On the premise that not all most-favoured-nation (MFN) clauses are created equal, this piece will explore whether it is possible to combine an MFN clause with a more favourable MFN clause contained in another treaty. The objective of doing so, would be to invoke another provision in that treaty (or … Continue reading Untapped Potential of MFN Clauses: an MFN clause to invoke another “more” MFN clause
Young EFILA would like to remind you of two fantastic opportunities: 8th EFILA Annual Lecture We would like to invite you to the EFILA Annual Lecture, this year taking place on 13 October at the Press Club Brussels Europe in Brussels. The 2022 lecture will focus on "ESG Investment Strategy" This EFILA Annual Lecture consists … Continue reading Upcoming EFILA Opportunities: Annual Lecture October 2022 and Young Practitioners and Scholars Essay Competition 2023
By Agata Daszko and Kilian Wagner 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?
by Iván Levy 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. 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?