Russian Sanctions against Turkey and BIT Claims

by Orçun Çetinkaya, Moroğlu Arseven Following the downing of a Russian jet by Turkey on 24 November 2015, Russian-Turkey relations have entered into a new phase. Russia imposed a series of economic measures and sanctions against Turkey. Turkish individuals and companies who invested in Russia where they spent decades have been negatively affected from those measures. There … Continue reading Russian Sanctions against Turkey and BIT Claims

The Shortcomings of the Proposal for an “International Court System” (ICS)

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 … Continue reading The Shortcomings of the Proposal for an “International Court System” (ICS)

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

The Greek Sovereign Debt Rescheduling, EU Bail-In and Investment Arbitration

by Prof. Georges Affaki* Many readers of this Blog spent the summer watching the brinkmanship of the Greek national debt third bailout unfold. Few were aware that part of that debt was being bitterly fought in fora other than the European Commission or the Greek Parliament: investment arbitral tribunals. This article reflects on the future … Continue reading The Greek Sovereign Debt Rescheduling, EU Bail-In and Investment Arbitration

Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain

by Clifford J. Hendel, Araoz & Rueda Abogados Until three or four years ago, both the Energy Charter Treaty in general and arbitration based on it were essentially unknown in Spain. Investment arbitration itself was a rarified specialty, known only to a handful of intrepid companies and a small cadre of advisors. The experience of the … Continue reading Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain

Beyond the Blockade: Law and Politics in the Investment Law Debate (A Further Reply)

by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* This post represents a counter-reply to Emanuela Matei’s material “Defining International Investment Law for the 21st Century (A Reply)”, published on the EFILA Blog on 11th September. Prologue: Antagonism and Agonism There is no doubt that false dichotomies and sophistically (a)moral choices between two imagined evils … Continue reading Beyond the Blockade: Law and Politics in the Investment Law Debate (A Further Reply)