by Chris Wilford, Chartered Institute of Arbitrators* The current highly politicised debate surrounding the inclusion of investor-to-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP), which allows investors to bring claims against a State before an international arbitral tribunal, has brought arbitration into the spotlight. While ISDS is a special form of… Read More Protecting International Commercial Arbitration in Europe
by Clifford J. Hendel, Araoz & Rueda Abogados Until three or four years ago, both the Energy Charter Treaty in general and arbitration based on it were essentially unknown in Spain. Investment arbitration itself was a rarified specialty, known only to a handful of intrepid companies and a small cadre of advisors. The experience of the… Read More Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain
by Orçun Çetinkaya, Moroğlu Arseven In June 2015, the OECD shared an updated Policy Framework for Investment (“PFI”) with the international community. The OECD aims to continue contributing to the international investment landscape by guiding investors and governments, while supporting dialogue between these parties and promoting sustainable development. The PFI’s main objective is to establish cooperation and… Read More Updated OECD Policy Framework for Investment Supports Green Investment Arbitration
by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* This post represents a counter-reply to Emanuela Matei’s material “Defining International Investment Law for the 21st Century (A Reply)”, published on the EFILA Blog on 11th September. Prologue: Antagonism and Agonism There is no doubt that false dichotomies and sophistically (a)moral choices between two imagined evils… Read More Beyond the Blockade: Law and Politics in the Investment Law Debate (A Further Reply)
by Emanuela Matei, Of Counsel – Mircea and Partners* This post represents a reply to Horia Ciurtin’s material “The Future of Investment Treaties: Metamorphosis or Deconstruction?”, published on the EFILA Blog on 8th September. Another reply will follow from Horia Ciurtin in the following weeks. Of Two Evils Choose Neither We are living in a… Read More Defining International Investment Law for the 21st Century (A Reply)
by Horia Ciurtin LL.M, Managing Editor of the EFILA Blog* Traditionally, the sole subjects of public international law are sovereign states. Therefore, in the Westphalian system, only statal political entities are able to assume obligations and benefit from certain rights at an international level. As a consequence, under this classical approach, only such actors can initiate… Read More The Future of Investment Treaties: Metamorphosis or Deconstruction?
by Duarte G. Henriques, BCH Advocados* Some time ago, a question was asked to the members of the ICC Institute of World Business Law, of which I am a member, aiming at contributing to its quarterly newsletter: are third party funders a game-changer or business as usual? At the time I was not able to… Read More Third Party Funders: Game-Changers or Business as Usual?