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

Young EFILA in conversation with… Amanda Lee

Amanda J. Lee, FCIArb is an Arbitrator and Consultant at Costigan King, London. She is a Visiting Lecturer at the University of Law, UK, and a Member of the INIAC Advisory Board, and ArbitralWomen's Advisory Council, amongst other roles. Amanda is the Founder of Careers in Arbitration and ARBalance. We sat down with her to hear … Continue reading Young EFILA in conversation with… Amanda Lee

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

Upcoming EFILA Opportunities: Annual Lecture October 2022 and Young Practitioners and Scholars Essay Competition 2023

Young EFILA would like to remind you of two fantastic opportunities: 8th EFILA Annual Lecture We would like to invite you to the EFILA Annual Lecture, this year taking place on 13 October at the Press Club Brussels Europe in Brussels. The 2022 lecture will focus on "ESG Investment Strategy" This EFILA Annual Lecture consists … Continue reading Upcoming EFILA Opportunities: Annual Lecture October 2022 and Young Practitioners and Scholars Essay Competition 2023

Modernisation of the Energy Charter Treaty: A necessary turning point for investment protection in the energy sector?

By Agata Daszko[1] and Kilian Wagner[2] Introduction The Energy Charter Treaty (“ECT” or “Treaty”), signed in December 1994 in Lisbon, has its origins in the 1990 proposal of the Dutch Prime Minister, Ruud Lubbers, which first resulted in the European Energy Charter of 1991 as a political declaration and continued in the negotiations for a … Continue reading Modernisation of the Energy Charter Treaty: A necessary turning point for investment protection in the energy sector?

Green Power v. Spain: Intra-EU Game Changer or an Exception that Confirms the Rule?

by Iván Levy[1] Introduction On June 16, 2022, the Tribunal in Green Power Partners K/S & SCE Solar Don Benito APS v. The Kingdom of Spain (Green Power v. Spain) issued its award and became the first tribunal to uphold the so-called intra-EU objection.[2] After a large number of decisions historically rejecting the objection, is … Continue reading Green Power v. Spain: Intra-EU Game Changer or an Exception that Confirms the Rule?

Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination

By Velislava Hristova[1] Held in a hybrid format, the Young EFILA’s official kick-off event took place on 8 June 2022 at the Amsterdam office of Linklaters LLP and online.  The event featured an Oxford-style debate on the motion: “After Achmea, Komstroy and PL Holdings: the EU is still an attractive foreign investment destination”. The debate … Continue reading Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination

Unveiling Japan’s Modern BIT Policy: A Review of its Procedural Provisions

by Takashi Yokoyama (SymBio Pharmaceuticals)[i] and Yosuke Iwasaki (Sidley Austin LLP)[ii] This is the second post in two compositions analyzing Japan’s modern BIT policy.[iii] It aims to underline certain drafting hallmarks of Japan’s recently signed IIAs by examining the procedural provisions from Japan’s seven recent investment agreements, namely the Japan-Argentina BIT (JAGT), Japan-Armenia BIT (JAMT), … Continue reading Unveiling Japan’s Modern BIT Policy: A Review of its Procedural Provisions

The UNCITRAL Working Group III negotiations and the Multilateral Investment Court: Scrutinizing consistency in Investor State Dispute Settlement

by Sahaj Mathur (Third Year Bachelor of Law Student at the National University of Juridical Sciences, Kolkata) Introduction It has been widely suggested that the International Investment Arbitration regime is undergoing a legitimacy crisis. A major factor behind backlash against the regime is the lack of coherence and consistency in Investment Arbitration. Such inconsistency can … Continue reading The UNCITRAL Working Group III negotiations and the Multilateral Investment Court: Scrutinizing consistency in Investor State Dispute Settlement

VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19

Krishna Agarwal (Gujarat National Law University, India) 1. Introduction The unprecedented COVID-19 pandemic has grappled the world and is comparable to the Argentine crisis as the States have taken emergency measures like Argentina in the wake of economic crisis.[1] However, unlike Argentina, the States have taken multiple emergency measures to curb the adverse effects of … Continue reading VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19