Investment Protection in the EU: Alternatives to intra-EU BITs Keynote Speaker: Meg Kinnear, Secretary General of ICSID The 5th EFILA Annual Conference will discuss various aspects of the consequences of the termination of intra-EU BITs for the protection of investments and investors in the EU. The conference will also cover the potential impact for ECT… Read More 5th EFILA Annual Conference: 30 January 2020
José Rafael Mata Dona A week before the autumn session in Vienna of the UNCITRAL Working Group III, the EC held a Stakeholder meeting in Brussels on the subject of the establishment of a Multilateral Investment Court. The initiative took place as part of the EC Commitment to Transparency. During the introductory speech, Collin Brown (Dispute… Read More Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)
Alexandros-Cătălin Bakos There is no denying that there is a serious backlash against investment arbitration at the moment. The signs are everywhere: from the latest discussions occurring within UNCITRAL’s Working Group III to the more recent practice of states (see the 22 European Union Member States’ declaration concerning the termination of their intra-EU Bilateral Investment… Read More Investment Tribunals Are Too Quick to Establish the Existence of Issue and Cause of Action Estoppel in International (Investment) Law
EFILA has recently submitted its suggestions to the UNCITRAL Working Group no. 3 on ISDS Reform. The entire document can be found here. An extract can be read below. The European Federation for Investment Law and Arbitration (EFILA) believes that no discussion about the reform of the investor-State dispute settlement (ISDS) system should occur without… Read More Ensuring Equitable Access to All Stakeholders: Critical Suggestions for the MIC (EFILA Submission to the UNCITRAL WG no. 3 on ISDS Reforms)
Alexandros Catalin Bakos, LL.M. Candidate, Utrecht University In a somewhat fortunate turn of events for the stability (or what is left of it in any case) of the intra-European Union (intra-EU) investment treaty system, the General Court of the European Union (GCEU) has annulled the EU Commission’s decision rendered against Romania for illegal state aid… Read More Schrödinger’s Investment: the EU’s General Court Considers that the Compensation Ordered by the Micula Tribunal is Not a Form of State Aid (Although it Might as Well Have Been)
Vishesh Sharma* and Vishakha Choudhary** Uniform jurisprudence concerning state counterclaims in investment arbitration remains elusive. Ordinarily, the conditions for their presentation are twofold: parties should have consented to arbitration of counterclaims, and the counterclaims should be connected to the primary claim. However, tribunals have oscillated between strict application of these criteria, to extreme dilution based… Read More Do New-Age International Investment Agreements Introduce a Method to the Madness of State Counterclaims in Investment Arbitration?
The new 2018 Dutch Model BIT text: An evolution or revolution? An event organised by the DAA Investment Arbitration Committee Date: Tuesday 21 May 2019 Location: DLA Piper, Amstelveenseweg 638, Amsterdam In October 2018, the Dutch Government approved a new Dutch Model BIT text, which replaces the 2004 text. The 2018 text has been developed on the basis of… Read More DAA Investment Arbitration Committee Meeting 2019