Fair and Equitable Treatment in CETA from a German Perspective

By Simon Weber[1] On 1 December 2022, the German Parliament (Bundestag) ratified the Comprehensive Economic and Trade Agreement (CETA; the Agreement) with Canada. The Agreement has been provisionally applied since 2017. Ever since, almost 100% of customs duties on goods traded between Member States of the European Union and Canada have been abolished. CETA must be ratified … Continue reading Fair and Equitable Treatment in CETA from a German Perspective

Young EFILA in conversation with… Himanshu Setia

Himanshu Setia[1]  is an advocate at Dua Associates, India where he specialises in arbitration and commercial litigation. He advises and represents parties in international arbitration matters (under Rules of the Singapore International Arbitration Centre, the ICC, UNCITRAL as well as ad hoc) and in arbitration matters seated in India. He also advises and represents parties … Continue reading Young EFILA in conversation with… Himanshu Setia

Euroscepticism: A Driver of the EU’s Clash with ISDS and Public International Law?

By Emma A. Iannini[1] It was not so long ago that many attorneys, academics, and European intellectuals might have described the EU and the Court of Justice of the European Union (“CJEU”) as one of the crowning achievements of public international law. Despite its self-described sui generis nature, there is no doubt that the EU, … Continue reading Euroscepticism: A Driver of the EU’s Clash with ISDS and Public International Law?

Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia

By Lili Feher[1] and Sebastian Lukic[2] Introduction In December 2022, the General Court of the EU rendered a set of judgments rejecting claims initiated by Latvian bank PNB Banka for the annulment of prudential measures imposed against it by the European Central Bank (ECB) (see T-275/19, T-301/19, T-330/19 and T-230/20). The cases had attracted attention considering the larger context … Continue reading Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia

Quarterly Review: October – December 2022

The Editorial Board of the EFILA Blog is excited to share the first EFILA Blog Quarterly Review! Our editors have gathered and reviewed developments, events and publications from the last quarter of 2022 to highlight some of the most relevant news in the field of international investment law, arbitration and the intersection of ISDS with … Continue reading Quarterly Review: October – December 2022

Landmark Judgments Rendered by Swedish Courts in the Achmea Saga

by Anina Liebkind[1] and Andreas Holst[2] SUMMARY: The Achmea saga reaches the precipice in Sweden with two landmark judgments. In judgments issued a day apart, the Svea Court of Appeal first declares the Novenergia II v. Spain award invalid because the issues in dispute are not arbitrable under Swedish law (Case No. T 4658-18, 13 … Continue reading Landmark Judgments Rendered by Swedish Courts in the Achmea Saga

Young EFILA in conversation with… Crina Baltag

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

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[1] 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)

Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)

By Herbert Woopen[1] 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)

Young EFILA in conversation with… Kabir Duggal

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