The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)

Prof. Nikos Lavranos & Prof. Loukas Mistelis (Co-Editors in Chief) We are very pleased and proud to present the fifth issue of the European Investment Law and Arbitration Review (EILA Rev) 2020. As of 23 December 2020, all articles of this volume can be ordered online at Brill Publishers: The stormy developments of the past… Read More The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)

Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?

Charles Ho Wang Mak* and I-Ju Chen** China is now a major player in some of the United States’ (US) most important sectors. China’s impact can be found through the acquisition by some of its most influential companies, which are later acquired by the sovereign wealth funds (SWFs) of China. US’ companies, for example, Apple… Read More Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?

Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union

By Dr. Philipp Stompfe, LL.M. (London)* In March 2018, following an initiative of Germany, France and Italy, the Council of the European Union (“EU”) approved a Regulation on establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“Regulation”). The new Regulation entered into force on 10 April 2019 and will… Read More Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union

Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration

By Sumit Chatterjee (National Law School of India University, Bangalore) An ICSID Committee, chaired by Ricardo Ramirez-Hernandez, recently annulled an arbitral award rendered in favour of a solar power investor in the case of Eiser Infrastructre Ltd. v Republic of Spain. [1] The primary ground on which the award was annulled was the undisclosed relationship… Read More Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration

Taking Investors’ Rights Seriously: The Achmea and CETA Rulings of the European Court of Justice do Not Bar Intra-EU Investment Arbitration

Prof. Dr. Alexander Reuter * The ECJ’s Achmea and CETA rulings [1]; as well as the entire debate conducted on the issue so far, disregard one legal factor, that is, the binding legal effect of investors’ rights under investment treaties. That factor is, however, at the heart of the matter and decisive. Under EU procedural… Read More Taking Investors’ Rights Seriously: The Achmea and CETA Rulings of the European Court of Justice do Not Bar Intra-EU Investment Arbitration

Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes

By Suksham Chauhan, International Arbitration Trainee, Quinn Emanuel Urquhart & Sullivan, Paris   Young ISDS Club for the second time provided a great platform for a very engaging and interesting discussion on 8 June 2020. The Young ISDS Club remained steadfast to its core value of open discussion. It was a most candid discussion where participants… Read More Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes

5th EFILA Annual Conference: 30 January 2020

Investment Protection in the EU: Alternatives to intra-EU BITs Keynote Speaker: Meg Kinnear, Secretary General of ICSID   The 5th EFILA Annual Conference will discuss various aspects of the consequences of the termination of intra-EU BITs for the protection of investments and investors in the EU. The conference will also cover the potential impact for ECT… Read More 5th EFILA Annual Conference: 30 January 2020

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

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

Save the Date: EFILA Lecture by Judge Christopher Greenwood (12 October)

On 12 October 2017 Judge Christopher Greenwood, QC, will deliver the 3rd Annual EFILA Lecture 2017 entitled: “Most Favoured Nations Clauses in BITs – What is their Real Purpose (and their Real Effect) ?” LOCATION: Press Club Europe Rue Froissart 95 1000 Brussels PROGRAMME: 16.30 – 17.00 Registration Coffee, Tea 17.00 -17.15 Welcome address by… Read More Save the Date: EFILA Lecture by Judge Christopher Greenwood (12 October)