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
Category: Articles
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
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
Landmark Judgments Rendered by Swedish Courts in the Achmea Saga
by Anina Liebkind[1] and Andreas Holst[2] SUMMARY: The Achmea saga reaches the precipice in Sweden with two landmark judgments. In judgments issued a day apart, the Svea Court of Appeal first declares the Novenergia II v. Spain award invalid because the issues in dispute are not arbitrable under Swedish law (Case No. T 4658-18, 13 … Continue reading Landmark Judgments Rendered by Swedish Courts in the Achmea Saga
Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part II)
By Herbert Woopen[1] In Part I, this post explored and analysed domestic regulations in Italy concerning investment and ECJ’s decisions stemming from those. Now, Part II will look at international law solutions and will analyse how the European Union could and should amend past erroneous decisions. III. The role of International Law where EU Law … Continue reading Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part II)
Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)
By Herbert Woopen[1] I. Introduction: The EU’s ambition The EU has for a long time wished to be the frontrunner for innovative investments in green technology and strived to secure future economic growth for European companies exporting products for a sustainable world economy, products that are and will be invented in Europe. These intentions deserve … Continue reading Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)
CSR in Investment Arbitration: The long way ahead
by Ioana Maria Bratu[1] Context States’ failure to meet the 2015 Paris Agreement targets has already had substantial impacts on the world of arbitration, including national courts imposing CO2 levels reduction on big oil companies, NGOs becoming much more involved in climate change disputes (see here para. 3.5), and recently culminating with Belgium, France, Spain … Continue reading CSR in Investment Arbitration: The long way ahead
Untapped Potential of MFN Clauses: an MFN clause to invoke another “more” MFN clause
By Danilo Ruggero Di Bella[1] On the premise that not all most-favoured-nation (MFN) clauses are created equal, this piece will explore whether it is possible to combine an MFN clause with a more favourable MFN clause contained in another treaty. The objective of doing so, would be to invoke another provision in that treaty (or … Continue reading Untapped Potential of MFN Clauses: an MFN clause to invoke another “more” MFN clause