Dr. Matteo Zambelli is a partner in the commercial dispute practice of the law firm Zambelli Tassetto, Studio Legale and an associate professor on the University of West London LLM programme where he lectures on the International Arbitration, International Commercial Litigation, International Commercial and Shipping Law, International Banking Law, Legal Aspects of International Finance and … Continue reading Young EFILA in conversation with… Matteo Zambelli
Author: EFILA Blog
Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard
By Cristian Gallorini[1] Legal stability and predictability are core elements of the rule of law. In the case of foreign investments in renewable energy (RE) the concept of stability imbues distinct aspects of the investment cycle, including the arbitrability of disputes. First, stability of the investment conditions is fundamental to foreign investors. Second, International Investment … Continue reading Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard
Germany’s Top Civil Court Declares: “primacy of application of Union law – also vis-à-vis public international law” in intra-EU investment arbitration
By Agata Daszko[1] On 27 July 2023, Germany’s Federal Court of Justice (Bundesgerichtshof or BGH) issued a long-awaited decision (I ZB 43/22, I ZB 74/22 and I ZB 75/22) pertaining to intra-EU arbitration on the basis of the Energy Charter Treaty (“ECT”). The decision? “Upstream national legal protection is possible against intra-EU investor-State ICSID arbitral … Continue reading Germany’s Top Civil Court Declares: “primacy of application of Union law – also vis-à-vis public international law” in intra-EU investment arbitration
Quarterly Review: April – June 2023
While we slowly approach summer holidays, it is now time for a new quarterly review. In this QR, we summarised the main developments in the field of ISDS and EU law divided by topic, instead of by months. Paragraph I. provides an update on the latest news on the modernisation of the ECT and the … Continue reading Quarterly Review: April – June 2023
BayWa v Spain: No annulment for old objections
By Anastasia Choromidou[1] and Mark Konstantinidis[2] In May 2023, an ICSID ad hoc committee contributed the latest episode to the Spanish solar arbitration saga, by rejecting Spain’s arguments based on the CJEU Komstroy ruling on intra-EU arbitration. The BayWa v Spain annulment decision reflects the tense, from a doctrinal and institutional perspective, relationship between EU … Continue reading BayWa v Spain: No annulment for old objections
Young EFILA in conversation with… Fahira Brodlija
Fahira Brodlija is the Rule of Law Advisor for a regional GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit) legal reform project focusing on investment disputes in the Western Balkans. Fahira is also an adjunct lecturer at the International University of Sarajevo. She frequently writes and speaks on topics related to the reform of the investor-State dispute … Continue reading Young EFILA in conversation with… Fahira Brodlija
Quarterly Review: January – March 2023
The first quarter of 2023 proved rife with important developments in international investment law and arbitration involving Europe, the United States and the Indo-Pacific area. The star of the show remains the ECT, and its troubled relationship with the European Union and its Member States. Indeed, by the beginning of March, the Depositary of the … Continue reading Quarterly Review: January – March 2023
Unveiling Japan’s Modern BIT Policy: A Review of its Procedural Provisions
by Takashi Yokoyama (SymBio Pharmaceuticals)[i] and Yosuke Iwasaki (Sidley Austin LLP)[ii] This is the second post in two compositions analyzing Japan’s modern BIT policy.[iii] It aims to underline certain drafting hallmarks of Japan’s recently signed IIAs by examining the procedural provisions from Japan’s seven recent investment agreements, namely the Japan-Argentina BIT (JAGT), Japan-Armenia BIT (JAMT), … Continue reading Unveiling Japan’s Modern BIT Policy: A Review of its Procedural Provisions
The UNCITRAL Working Group III negotiations and the Multilateral Investment Court: Scrutinizing consistency in Investor State Dispute Settlement
by Sahaj Mathur (Third Year Bachelor of Law Student at the National University of Juridical Sciences, Kolkata) Introduction It has been widely suggested that the International Investment Arbitration regime is undergoing a legitimacy crisis. A major factor behind backlash against the regime is the lack of coherence and consistency in Investment Arbitration. Such inconsistency can … Continue reading The UNCITRAL Working Group III negotiations and the Multilateral Investment Court: Scrutinizing consistency in Investor State Dispute Settlement
VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19
Krishna Agarwal (Gujarat National Law University, India) 1. Introduction The unprecedented COVID-19 pandemic has grappled the world and is comparable to the Argentine crisis as the States have taken emergency measures like Argentina in the wake of economic crisis.[1] However, unlike Argentina, the States have taken multiple emergency measures to curb the adverse effects of … Continue reading VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19