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
Tag: European Commission
The continued lack of adequate investment protection in Europe
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 … Continue reading The continued lack of adequate investment protection in Europe
The love-hate story of arbitral jurisdiction over claims against states in the EU
by Emanuela Matei, Associate Researcher – CELS* Staging the scene In October 2013 the European Commission issued a note entitled ‘Platform for Good Tax Governance: Addressing the remaining cases of double taxation in the single market: means to foster arbitration’ in which it exposed the limitations of the EU Arbitration Convention 90/463/EEC. It affirmed that whenever … Continue reading The love-hate story of arbitral jurisdiction over claims against states in the EU
Why the EU’s Foreign Direct Investment (FDI) Competence Should be Re-nationalized
by Nikos Lavranos, Secretary General of EFILA At the last meeting of the Trade Policy Committee (TPC) at Full Members level, that is at Director General level, encompassing all MS and the European Commission, DG Demarty of the Commission is quoted as saying that the EU trade policy would have a “big credibility problem” if … Continue reading Why the EU’s Foreign Direct Investment (FDI) Competence Should be Re-nationalized
Intra-EU BITs in a Fragile Union: On Non-Papers and Other (Legal) Demons
by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* The Geo-Economic ‘Great Game’ and Its Symbolic Requirements The Commission’s endless troubles with intra-EU investment treaties appears as a benchmark for its ability to develop a coherent trade and investment policy. Every single state and non-state stakeholder across the globalized agora is closely watching the manner … Continue reading Intra-EU BITs in a Fragile Union: On Non-Papers and Other (Legal) Demons
Brexit: Implications for the EU Reform of Investor-State Dispute Settlement
Sophie Nappert, 3 Verulam Buildings Nikos Lavranos, EFILA "Reproduced from Practical Law with the permission of the publishers. For further information visit www.practicallaw.com or call 020 7542 6664." Investor-state dispute settlement (ISDS) is an international arbitration mechanism that allows an investor from one country to bring arbitral proceedings directly against the state in which it has … Continue reading Brexit: Implications for the EU Reform of Investor-State Dispute Settlement
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
Transnational Court of Investment Arbitration
by Duarte G. Henriques, BCH Advocados* In the context of the discussions surrounding the Transatlantic Trade and Investment Partnership (TTIP), much criticism has been raised against ISDS (Investor-State Dispute Settlement). We know now that the European Parliament echoed public complaints and voted against the inclusion of an ISDS mechanism in the TTIP. It further recommended to … Continue reading Transnational Court of Investment Arbitration
Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option
Pratyush Nath Upreti*, Upreti & Associates In my previous contribution to the EFILA blog, titled Right to Regulation & Investment Court System: Alternative to ISDS?, I analyzed the debate raised by the ISDS provision in TTIP and how the proposed Investment Court may not be able to solve the issues raised by ISDS. It is important … Continue reading Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option
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 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 … Continue reading Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part II)