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Schrödinger’s Investment: the EU’s General Court Considers that the Compensation Ordered by the Micula Tribunal is Not a Form of State Aid (Although it Might as Well Have Been)

Alexandros Catalin Bakos, LL.M. Candidate, Utrecht University In a somewhat fortunate turn of events for the stability (or what is left of it in any case) of the intra-European Union (intra-EU) investment treaty system, the General Court of the European Union (GCEU) has annulled the EU Commission’s decision rendered against Romania for illegal state aid… Read More Schrödinger’s Investment: the EU’s General Court Considers that the Compensation Ordered by the Micula Tribunal is Not a Form of State Aid (Although it Might as Well Have Been)

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Do New-Age International Investment Agreements Introduce a Method to the Madness of State Counterclaims in Investment Arbitration?

Vishesh Sharma* and Vishakha Choudhary** Uniform jurisprudence concerning state counterclaims in investment arbitration remains elusive. Ordinarily, the conditions for their presentation are twofold[1]: parties should have consented to arbitration of counterclaims, and the counterclaims should be connected to the primary claim. However, tribunals have oscillated between strict application[2] of these criteria, to extreme dilution based… Read More Do New-Age International Investment Agreements Introduce a Method to the Madness of State Counterclaims in Investment Arbitration?

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New from Oxford University Press: China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy

China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy International Economic Law Series Edited by Julien Chaisse This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China’s investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade… Read More New from Oxford University Press: China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy

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The End of West Takers in the UK? Anti-suit injunctions post-Brexit: The default ‘No-deal’ Scenario

David Ndolo, Coventry Law School, Coventry University The UK parliament passed the European Union Withdrawal Act 2018 (“EUWA”) that gained royal accent on 26 June 2018. While the exit day is currently set for 29 March 2019, there is a proposed transition period until December 2020 in case a Brexit deal is agreed upon. In… Read More The End of West Takers in the UK? Anti-suit injunctions post-Brexit: The default ‘No-deal’ Scenario

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2019 Essay Competition for the European Investment Law and Arbitration Review

The Editorial Committee of the European Investment Law and Arbitration Review invites original, unpublished, high quality submissions for the Essay Competition 2019. The Essay Competition is open to all students, junior scholars and junior practitioners from around the world. To be eligible for the prize, authors must: be enrolled in a BCL, LLB, JD, LLM,… Read More 2019 Essay Competition for the European Investment Law and Arbitration Review

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Call for Papers for the 2019 Issue of the European Investment Law and Arbitration Review

The Editorial Committee of the European Investment Law and Arbitration Review invites original, unpublished scholarly submissions on recent developments in international investment law, with a focus on the theme ‘The EU as a policy driver of international investment law’. Examples of topics that authors could consider include: The EU-Vietnam FTA The EU-Japan FTA Brexit, EU… Read More Call for Papers for the 2019 Issue of the European Investment Law and Arbitration Review

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Call for Papers: 2019 Taipei International Conference

2019 Taipei International Conference on Arbitration and Mediation The Chinese Arbitration Association, Taipei (CAA) and the Asian Center for WTO & International Health Law and Policy, College of Law, National Taiwan University (ACWH) are to jointly host the “2019 Taipei International Conference on Arbitration and Mediation” on August 15 & 16, 2019 in Taipei, Taiwan.… Read More Call for Papers: 2019 Taipei International Conference

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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?

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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

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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

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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?

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