by Dr. Nikos Lavranos LLM, Secretary General of EFILA* During 2015 it became clear that the European Commission was under mounting pressure from the European Parliament (EP), Trade Ministers of several EU Member States, anti-ISDS NGOs and the media to propose more “reforms” of the investor-State dispute settlement (ISDS) system that is contained in CETA and… Read More The Shortcomings of the Proposal for an “International Court System” (ICS)
by Emma Spiteri-Gonzi* Anyone with an interest in European investment and trade will undoubtedly have heard of the EU-US TTIP or, to use its full name, the Transatlantic Trade and Investment Partnership. Naturally, this makes sense as the US is the EU’s top trading partner and a trade agreement of this significance would unquestionably make… Read More A BIT-By-BIT Understanding of the EU’s Present & Future Investment Agreements
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
by Emanuela Matei, Associate Researcher – CELS* This article represents Part 2/2 of a larger material regarding the interaction of EU state aid rules and international investment law in the context of recent EC Decisions. Part 1/2 was published earlier this week. B. Selectivity Whether a regulatory measure is selective shall be examined within the context… Read More Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part II)
by Emanuela Matei, Associate Researcher – CELS* This article represents Part 1/2 of a larger material regarding the interaction of EU state aid rules and international investment law in the context of recent EC Decisions. Part 2/2 will be published later this week. I. Introduction In May 2014, Obama defended a more relaxed foreign policy that… Read More Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part I)
In the wake of the release of the European Commission’s proposal for a new investment chapter in the Transatlantic Trade and Investment Partnership, EFILA is pleased to announce a launch of its Annual Lecture series. The inaugural Annual Lecture of EFILA entitled: “Escaping from Freedom? The Dilemma of an Improved ISDS Mechanism” will take place on… Read More EFILA Annual Lecture 2015 – Sophie Nappert
by Mirjam van de Hel-Koedoot, NautaDutilh* On 16 September 2015, the European Commission published a draft text for the investment chapter in the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US. In the Proposal, the European Commission specifically mentions that the Proposal is an internal document of the EU… Read More The Proposed New Investment Court System for TTIP: The Right Way Forward?