EFILA Blog’s October Recommendation: Proportionality in Investor-State Arbitration

This month’s recommendation from Oxford University Press: Gebhard Bücheler – Proportionality in Investor-State Arbitration. The new volume by Gebhard Bücheler: Shows that proportionality is a general principle of law relevant to investor-State arbitration Develops an analytical framework for deciding in which legal settings conflicts between the interests of foreign investors and the public interest ought to be resolved… Read More EFILA Blog’s October Recommendation: Proportionality in Investor-State Arbitration

EFILA Annual Lecture 2015 – Sophie Nappert

In the wake of the release of the European Commission’s proposal for a new investment chapter in the Transatlantic Trade and Investment Partnership, EFILA is pleased to announce a launch of its Annual Lecture series. The inaugural Annual Lecture of EFILA entitled: “Escaping from Freedom? The Dilemma of an Improved ISDS Mechanism” will take place on… Read More EFILA Annual Lecture 2015 – Sophie Nappert

The Polish Government’s Standpoint on ISDS Inclusion in the Scope of TTIP

by Pawel Sikora, Kubas Kos Gałkowski It is beyond any doubts that the ongoing procedure of negotiating Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States of America (US) raises essential controversies among the EU member states societies. However, it is not the first time such controversies occur, as just… Read More The Polish Government’s Standpoint on ISDS Inclusion in the Scope of TTIP

The Proposed New Investment Court System for TTIP: The Right Way Forward?

by Mirjam van de Hel-Koedoot, NautaDutilh*   On 16 September 2015, the European Commission published a draft text for the investment chapter in the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US. In the Proposal, the European Commission specifically mentions that the Proposal is an internal document of the EU… Read More The Proposed New Investment Court System for TTIP: The Right Way Forward?

Is ISDS Superior to Litigation before Domestic Courts? An EU View

by Prof. Marco Bronckers, VVGB Advocaten* In my view, something important is missing in the current debate on an Investor-State Dispute Settlement Mechanism (ISDS) in the EU’s new and comprehensive trade agreements with Canada (CETA), Singapore, the United States (TTIP), and other countries. In a ‘concept paper’ published last May, the European Commission posits as… Read More Is ISDS Superior to Litigation before Domestic Courts? An EU View