By: Alexander A. Witt[1] Following a consultation process that lasted more than five years and produced six working papers reflecting the development of the draft provisions, the 2022 ICSID Arbitration Rules (the “2022 Rules”) came into force on 1 July 2022. The 2022 Rules are a complete overhaul of their predecessor, the 2006 ICSID Arbitration … Continue reading Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules
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Young EFILA in conversation with… Dmitri Evseev
Dmitri Evseev is a former partner of Arnold & Porter, where he spent over 15 years acting as counsel and arbitrator in high-profile international arbitration disputes. He has served as lead counsel in investment treaty disputes for Sweden, the Czech Republic, Bulgaria, Kyrgyzstan, Costa Rica, and numerous other States and private clients. In mid-2022, he … Continue reading Young EFILA in conversation with… Dmitri Evseev
On the Road to Neutrality: Multilateral Investment Court and Appointment of Adjudicators
By Stanislava Nedeva[1] The proposal for establishing a Multilateral Investment Court (MIC) has been under discussion for several years now and was taken forward at intergovernmental talks at United Nations Committee on International Trade Law (UNCITRAL), with a view of reforming the current investor-state dispute settlement (ISDS) system. The intergovernmental talks are conducted under the … Continue reading On the Road to Neutrality: Multilateral Investment Court and Appointment of Adjudicators
Upcoming EFILA Opportunities: 8th Annual EFILA Conference, Young EFILA Panel Discussion, CfP for EILA Review 2023 and Young Practitioners and Scholars Essay Competition 2023
8th Annual EFILA Conference - 16 March 2023 There is still time to reserve your ticket for the Annual EFILA Conference, this year hosted by Cuatrecasas in Madrid! This year's theme: Climate Change and International Investment Law & Arbitration: Challenges and Uncertainties with a fantastic line-up of speakers and the keynote delivered by Wnedy Miles … Continue reading Upcoming EFILA Opportunities: 8th Annual EFILA Conference, Young EFILA Panel Discussion, CfP for EILA Review 2023 and Young Practitioners and Scholars Essay Competition 2023
Young EFILA in conversation with… Michael Davar
Michael Davar is a senior associate in the International Dispute Resolution and Litigation practices of Squire Patton Boggs in London. His cases have set English legal precedent. The Legal 500 2023 features Michael as a key lawyer for both international arbitration and commercial litigation. He is also a named arbitrator in the Georgian International Arbitration Centre’s … Continue reading Young EFILA in conversation with… Michael Davar
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