Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?

by Avani Agarwal In November 2012, Gary Born proposed the idea of a Bilateral Arbitration Treaty (BAT), in a speech aptly titled “BIT’s, BAT’s and Buts” (available as an essay in the 13th Young Arbitration Review). He suggested developing a system of international treaties whereby countries decide that a particular set of international disputes (such… Read More Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?

Save the Date: 15 February 2019 – IV Annual Conference of the Belgian Chapter of the CEA – Arbitration and ADR in BIG construction projects of strategic infrastructure

EFILA is proud to announce the IV Annual Conference of the Belgian Chapter of the CEA regarding “Arbitration and ADR in BIG construction projects of strategic infrastructure”. Brussels, Friday 15th February 2019 – 13:30 to 19:00Jones Day’s offices – Rue de la Régence 4, 1000 Bruxelles 13:30 Registration of participants 14:00 Welcome remarks Vanessa Foncke,… Read More Save the Date: 15 February 2019 – IV Annual Conference of the Belgian Chapter of the CEA – Arbitration and ADR in BIG construction projects of strategic infrastructure

The Notion of “Material Breach” as the Ground to Terminate an Inter-State Arbitration Agreement (Compromis): A Criticism over Croatia v. Slovenia Tribunal’s Approach

Trinh Ba Duong (Geneva MIDS)[1] Croatia v. Slovenia is an exceptionally rare case which deeply touched the matter of terminating an arbitration agreement between two states, particularly a compromis.[2] The dispute addressed in the partial award arose in the context that there was an ex parte communication between Dr. Jernej Sekolec, the arbitrator appointed by… Read More The Notion of “Material Breach” as the Ground to Terminate an Inter-State Arbitration Agreement (Compromis): A Criticism over Croatia v. Slovenia Tribunal’s Approach

The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?

Prof. Nikos Lavranos, Secretary General of EFILA In December 2018, the EU institutions agreed on the text for an EU Regulation establishing a mechanism for screening all foreign investments into the EU. In just over a year the EU institutions adopted this Regulation, which is unusually fast and reflects the apparent political will of the… Read More The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?

EFILA 2019 Annual Conference: The EU and the future of international investment law and arbitration

Description 4th Annual EFILA Conference The EU and the future of international investment law and arbitration With the entering into force of the Lisbon Treaty 10 years ago the EU has become a dynamic policy actor in international investment law and arbitration. In particular, within the context of the increasing public concerns against TTIP, BITs… Read More EFILA 2019 Annual Conference: The EU and the future of international investment law and arbitration

The Pre-Establishment National Treatment Obligation: How Common Is It?

Vrinda Vinayak* Introduction The national treatment obligation in international investment agreements (IIAs) is a double-edged sword – while it may attract foreign investment by guaranteeing equal access to and treatment in the domestic market, it has the potential to limit autonomy and sovereignty of nations in formulating domestic policy, and opens these measures up to… Read More The Pre-Establishment National Treatment Obligation: How Common Is It?

Chinese SOE Investment: An Economic Statecraft

Bashar H. Malkawi* China’s rising economic preeminence has been stunning, firmly ensconcing China as the second most powerful world economy replacing previously second-ranked Japan. In a remarkably short span, less than 15 years, the US economy has experienced a relatively huge decline vis-à-vis China on a nominal GDP basis. China’s remarkable economic juggernaut has been… Read More Chinese SOE Investment: An Economic Statecraft