EFILA has recently submitted its suggestions to the UNCITRAL Working Group no. 3 on ISDS Reform. The entire document can be found here. An extract can be read below. The European Federation for Investment Law and Arbitration (EFILA) believes that no discussion about the reform of the investor-State dispute settlement (ISDS) system should occur without… Read More Ensuring Equitable Access to All Stakeholders: Critical Suggestions for the MIC (EFILA Submission to the UNCITRAL WG no. 3 on ISDS Reforms)
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)
Vishesh Sharma* and Vishakha Choudhary** Uniform jurisprudence concerning state counterclaims in investment arbitration remains elusive. Ordinarily, the conditions for their presentation are twofold: 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 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?
The new 2018 Dutch Model BIT text: An evolution or revolution? An event organised by the DAA Investment Arbitration Committee Date: Tuesday 21 May 2019 Location: DLA Piper, Amstelveenseweg 638, Amsterdam In October 2018, the Dutch Government approved a new Dutch Model BIT text, which replaces the 2004 text. The 2018 text has been developed on the basis of… Read More DAA Investment Arbitration Committee Meeting 2019
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
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
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
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
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
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?