Benedetta Cappiello* It seems that nowadays the debate on fragmentation of international law is not yet ready to reach a prompt solution. On the contrary, every and each occasion, even at the jurisprudential level, seems a good one to offer some new reflections, in brief or at length, on the reason why international… Read More Profit vs. Sustainability: How to pursue a sustainable investment
The Club Español del Arbitraje (the “CEA”) is a Spanish non-profit organization constituted in 2005 with the purpose to promote arbitration as an alternative method of conflict resolution and the development of arbitration in Spanish and Portuguese or Latin-American component. The CEA counts with more than 1000 members of 40 countries and 28 international chapters… Read More Brussels, 23 February | CEA Third Annual Conference: The present and near future of new technologies in arbitration
by Andrii Hubai* The recent rise of third-party funding in international arbitration has opened a completely new dimension for arbitration itself. An opportunity of funding the parties of the process became a big deal breaker in many aspects that are visible at a first glance and those hidden behind the privacy clauses of funding agreements.… Read More Coming out of the Closet: Third-Party Funding in International Arbitration
EFILA is pleased to invite you to our 3rd Annual Conference which will take place in London on the 5th of February. For more details about the event please see the event’s page here. For ticketing details, please see the Eventbrite dedicated page. Parallel States’ Obligations in Investor-State Arbitration The conference will focus on:… Read More 3rd EFILA Annual Conference 2018
by Prof. Nikos Lavranos, Secretary General of EFILA Last September, European Commission President Juncker presented a proposal for a European foreign investment screening regulation – apparently following a request by Germany, France and Italy. The proposal fits the protectionist mood that has taken hold in Brussels and in many EU Member States. The backlash against… Read More The EU’s foreign investment screening proposal: Towards more protectionism in the EU
by Harshal Morwale* “Arbitration is the grease that helps economies flow and brings us benefits around the world.” —David W. Rivkin Introduction Arbitration is a dynamic dispute resolution technique. An arbitrator’s powers normally derive from the arbitration agreement. With increasing number of cross border transactions and international trade contracts, the arbitrability of arbitration agreements holds… Read More The Concept of Arbitrability of Arbitration Agreements in India
by Malcolm Katrak* Recently, the Delhi High Court in the case of Union of India v. Vodafone Group, passed an ex-parte order restraining the Vodafone Group from pursuing an investment arbitration claim against India under the India-United Kingdom Bilateral Investment Treaty (India- UK BIT). The Court held that multiple claims cannot be permitted by corporate… Read More The Vodafone Tax Dispute: Abuse of Process in International Investment Arbitration?