by Anina Liebkind and Andreas Holst SUMMARY: The Achmea saga reaches the precipice in Sweden with two landmark judgments. In judgments issued a day apart, the Svea Court of Appeal first declares the Novenergia II v. Spain award invalid because the issues in dispute are not arbitrable under Swedish law (Case No. T 4658-18, 13… Read More Landmark Judgments Rendered by Swedish Courts in the Achmea Saga
By Dr. Philipp Stompfe, LL.M. (London)* In March 2018, following an initiative of Germany, France and Italy, the Council of the European Union (“EU”) approved a Regulation on establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“Regulation”). The new Regulation entered into force on 10 April 2019 and will… Read More Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union
The new 2018 Dutch Model BIT text: An evolution or revolution? An event organised by the DAA Investment Arbitration Committee Date: Tuesday 21 May 2019 Location: DLA Piper, Amstelveenseweg 638, Amsterdam In October 2018, the Dutch Government approved a new Dutch Model BIT text, which replaces the 2004 text. The 2018 text has been developed on the basis of… Read More DAA Investment Arbitration Committee Meeting 2019
Prof. Nikos Lavranos, Secretary General of EFILA In December 2018, the EU institutions agreed on the text for an EU Regulation establishing a mechanism for screening all foreign investments into the EU. In just over a year the EU institutions adopted this Regulation, which is unusually fast and reflects the apparent political will of the… Read More The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?
Vrinda Vinayak* Introduction The national treatment obligation in international investment agreements (IIAs) is a double-edged sword – while it may attract foreign investment by guaranteeing equal access to and treatment in the domestic market, it has the potential to limit autonomy and sovereignty of nations in formulating domestic policy, and opens these measures up to… Read More The Pre-Establishment National Treatment Obligation: How Common Is It?
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”)… Read More A New And Improved Investment Protection Regime: Truth Or Myth!
Alexandros Catalin Bakos, LL. M.* […] but this is not where or how it ends. Fate promises more twists before this drama unfolds…completely (in-game dialogue from the intro scene of the video game Soul Reaver 2). The EU’s backlash against intra-EU (Bilateral?) Investment Treaties – intra-EU (B)ITs – reached its peak when the CJEU issued… Read More Post-Achmea Energy Charter Treaty Coherence and Stability: Upheld or Hindered?
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, on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party), on the other hand. Those debates manifest themselves at… Read More The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
by Prof. Nikos Lavranos, Secretary General of EFILA Last September, European Commission President Juncker presented a proposal for a European foreign investment screening regulation – apparently following a request by Germany, France and Italy. The proposal fits the protectionist mood that has taken hold in Brussels and in many EU Member States. The backlash against… Read More The EU’s foreign investment screening proposal: Towards more protectionism in the EU
by Ioana Petculescu* Following an arduous negotiation process which started in 2009, Canada and the European Union eventually signed the Comprehensive Economic and Trade Agreement (hereinafter “CETA” or the “Agreement”) on October 30, 2016. As recent events demonstrate, the Agreement remains, however, controversial and as contested as the already (in)famous Transatlantic Trade and Investment Partnership… Read More CETA and Fundamental Rights in the European Union: Invitation to a Dialogue between Courts
by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* Not Just a Bridgehead: Mercantile Reflections on EU’s Taiwan Position At the crossroads of global trade, Taiwan represents a hot spot that unites the flows of goods and capital from near mainland China, from the South-East Asian cauldron, as well as a bridgehead for Western transoceanic… Read More Across the Strait: The Case for a Special EU-Taiwan Trade and Investment Partnership
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… Read More Transnational Court of Investment Arbitration