By Yosuke Iwasaki (Sidley Austin LLP) and Takashi Yokoyama (Tenzer Arrieta PLLC) While Japan has signed 36 bilateral investment treaties (“BITs”) with predominantly capital importing countries, historically the Japanese government’s investment treaty policy has been veiled in secrecy. While some countries, such as the United States and India, have officially published their own model BITs,… Read More Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions
Given the present debate – on both sides of the Atlantic (and beyond) – surrounding the future of ISDS and bilateral investment treaties, the EFILA Blog editorial board believes that a veritable dialogue must take place, allowing all arguments to be heard and all diverging positions to be defended. Discussing the status of an international regime… Read More Call for Contributions – EFILA Blog
Nasim Gheidi & Parham Zahedi, Gheidi & Associates (See Part 1 and Part 2 of this post here and here) Iran’s Bilateral Investment Treaties (BITs) Iran has signed more than 100 BITs (More than 50 of which are in force) with capital-exporting and neighboring countries for the reciprocal promotion and protection of foreign investment in Iran. The purpose behind these… Read More Arbitration in Iran: With Focus on International Commercial Arbitration (Part III)
by Dr. Dominic Beckers-Schwarz, Lawyer, Paris On 7 March 2017, one day after the OECD Global Forum on International Investment, over one hundred stakeholders from businesses, trade unions, academics and OECD member states gathered for the one-day “3rd OECD Annual Conference on Investment Treaties”. The conference addressed issues concerning “evaluating and enhancing outcomes of… Read More What’s the value of investment treaties?
Nikos Lavranos, Secretary General, EFILA Recently, the UNCTAD Investment Division announced that it had “completed its regular semi-annual update of the Investment Dispute Settlement Navigator, which is now up-to-date as of 1 January 2017”. The Navigator is a useful web-based search tool containing information regarding pending and closed investor-State disputes based on the thousands of… Read More The continued lack of adequate investment protection in Europe
by Dr. Nikos Lavranos LLM, Secretary General of EFILA* A couple of weeks ago the first award in the series of more than 25 other solar energy cases against Spain was issued. The case was brought by two companies based in Luxembourg and the Netherlands against Spain on the basis of the Energy Charter Treaty (ECT)… Read More The Lack of Any Legal Conflict Between EU Law and Intra-EU BITs/ECT Disputes
by Emma Spiteri-Gonzi* Investor-State Dispute Settlement (ISDS) is a procedural mechanism provided for in international investment agreements such as bilateral investment treaties (BITs) or multi-lateral investment treaties (MITs). ISDS allows an investor from one country to institute proceedings against the country where their investments where made- the Host State. So, has this novelty been overlooked… Read More ISDS Novelty Overlooked Or Novelty Outdated?
by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* (Legal) Multipolarity Revisited: What Lies Beyond Westphalia? This brief introduction to such an ambitious thematic must undoubtedly commence by positing its adherence to the (non-legal) core concept of ‘grand strategy’ and its realist avatars in international economic law. More precisely, it shall be argued that –… Read More Redefining the ‘Centre’: International Economic Law and Grand Strategy in a Multipolar World
Seminar on Arbitration and EU Law – 7th April 2016, Brussels, Belgium EVENT CO-ORGANIZED WITH THE EUROPEAN FEDERATION FOR INVESTMENT LAW AND ARBITRATION (EFILA) Over the years, there has been increasing EU activity in private international law. The interaction and relationship of EU law and international commercial arbitration has had growing interest over the years. In… Read More AIA and EFILA Event: Seminar on Arbitration and EU Law