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: https://brill.com/view/title/59321?rskey=CP5Flx&result=1 The stormy developments of the … Continue reading The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)
Tag: CJEU
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 … Continue reading Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?
Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)
José Rafael Mata Dona[1] A week before the autumn session in Vienna of the UNCITRAL Working Group III, the EC held a Stakeholder meeting in Brussels on the subject of the establishment of a Multilateral Investment Court. The initiative took place as part of the EC Commitment to Transparency. During the introductory speech, Collin Brown (Dispute … Continue reading Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)
A New And Improved Investment Protection Regime: Truth Or Myth!
Shilpa Singh Jaswant, LLM (Hamburg) The proposed investment court system by the European Commission aims to limit criticism revolved around Investor-State Dispute Settlement due to its lack of legitimacy, transparency and appellate mechanism. The investment regime under Comprehensive Economic and Trade Agreement with Canada (hereinafter “CETA”) and European Union-Viet Nam Free Trade Agreement (hereinafter “EUVFTA”) … Continue reading A New And Improved Investment Protection Regime: Truth Or Myth!
The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
by Alexandros Catalin Bakos, LL.M I. Introduction: In recent years, a series of debates have emerged in regard to the relationship between the EU State Aid law[1], on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party)[2], on the other hand. Those debates manifest themselves at … Continue reading The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU
Prof. Dr. Nikos Lavranos, LLM (Secretary General of EFILA) In recent weeks, the UK has published several papers explaining its aims of leaving the EU and how it intends to shape its future trade relationship with the EU. One of the aims repeatedly publicly stated by the UK will be “to end the direct … Continue reading UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU
The Lack of Any Legal Conflict Between EU Law and Intra-EU BITs/ECT Disputes
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) … Continue reading The Lack of Any Legal Conflict Between EU Law and Intra-EU BITs/ECT Disputes
The 2015 EFILA Inaugural Lecture: Escaping from Freedom?
We are pleased to offer you the full text of the 2015 EFILA Inaugural Lecture by Sophie Nappert, "Escaping from Freedom? The Dilemma of An Improved ISDS Mechanism", delivered on 26 November 2015 in London. In times such as ours, when freedom is often abandoned for security to be gained, Sophie Nappert's lecture is a … Continue reading The 2015 EFILA Inaugural Lecture: Escaping from Freedom?