Dr. Velimir Zivkovic, MJur, is an Associate Professor and Director of LLM ICL, IEL and ICGFR programs at the University of Warwick School of Law. Velimir’s work focuses on the interplay of international investment law and other areas of international and national law, as well as the rule of law issues affecting these areas. Velimir… Read More Young EFILA in Conversation with… Velimir Zivkovic
European Investment Law and Arbitration Review 2024 The Editorial Committee of the European Investment Law and Arbitration Review invites original, unpublished scholarly submissions on recent developments in international investment law, with a focus on the theme “European investment law and arbitration: interaction with other branches of law” As of 2024, the Review will be published by Wolters Kluwer twice… Read More Upcoming EFILA Opportunities: CfP European Investment Law and Arbitration Review 2024 & Young Practitioners and Scholars Essay Competition 2024
Mary Mitsi is Senior Lecturer (Associate Professor) in Commercial Law and International Arbitration at Queen Mary University of London. She is also the Director for Executive Education at CCLS contributing to the training of industry professionals. She delivers training programmes for practitioners, government officials, and courts. Mary has also led and worked on projects by the European Bank for… Read More Young EFILA in conversation with… Mary Mitsi
by Tetyana Makukha[1] Between 9-13 October 2023, the 46th Session of UNCITRAL Working Group III took place in Vienna, Austria. The EFILA attended the session in its capacity as an observer organisation. Three first days of the Session were fully devoted to discussing draft provisions on the establishment of an advisory centre on international investment… Read More Advisory Centre on International Investment Law and Need for Consensus
In 2021, Eliana Maria Tornese took over the position of Registrar of the London Court of International Arbitration (LCIA). Prior to joining the LCIA as Deputy Registrar in November 2015, she worked at the ICC International Court of Arbitration, where she spent three years as Counsel in charge of the case management team, handling arbitration… Read More Young EFILA in conversation with… Eliana Maria Tornese
by Pacôme Ziegler [1] States walk a tightrope when the protection of the general interest requires encroaching upon private interests, as it often does. Should they fail in this balancing act, effective redress may be available to aggrieved private investors under the applicable investment treaty. Investors do not hesitate to avail themselves of this avenue… Read More Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?
As we return to our offices, hopefully feeling refreshed and recharged after a summer break, it is time to reflect on the last three months of developments in international investment law and arbitrations. The third quarter of this year has been marked by significant changes and noteworthy trends not only vis-à-vis the Energy Charter Treaty… Read More Quarterly Review: July – September 2023
Dr. Matteo Zambelli is a partner in the commercial dispute practice of the law firm Zambelli Tassetto, Studio Legale and an associate professor on the University of West London LLM programme where he lectures on the International Arbitration, International Commercial Litigation, International Commercial and Shipping Law, International Banking Law, Legal Aspects of International Finance and… Read More Young EFILA in conversation with… Matteo Zambelli
By Cristian Gallorini[1] Legal stability and predictability are core elements of the rule of law. In the case of foreign investments in renewable energy (RE) the concept of stability imbues distinct aspects of the investment cycle, including the arbitrability of disputes. First, stability of the investment conditions is fundamental to foreign investors. Second, International Investment… Read More Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard
By Agata Daszko[1] On 27 July 2023, Germany’s Federal Court of Justice (Bundesgerichtshof or BGH) issued a long-awaited decision (I ZB 43/22, I ZB 74/22 and I ZB 75/22) pertaining to intra-EU arbitration on the basis of the Energy Charter Treaty (“ECT”). The decision? “Upstream national legal protection is possible against intra-EU investor-State ICSID arbitral… Read More Germany’s Highest Civil Court Affirms “Primacy of Application of Union Law – Also Vis-à-Vis Public International Law” in Intra-EU Investment Arbitration
While we slowly approach summer holidays, it is now time for a new quarterly review. In this QR, we summarised the main developments in the field of ISDS and EU law divided by topic, instead of by months. Paragraph I. provides an update on the latest news on the modernisation of the ECT and the… Read More Quarterly Review: April – June 2023
By Anastasia Choromidou[1] and Mark Konstantinidis[2] In May 2023, an ICSID ad hoc committee contributed the latest episode to the Spanish solar arbitration saga, by rejecting Spain’s arguments based on the CJEU Komstroy ruling on intra-EU arbitration. The BayWa v Spain annulment decision reflects the tense, from a doctrinal and institutional perspective, relationship between EU… Read More BayWa v Spain: No annulment for old objections