Tag: international arbitration

ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism

By Cristian Gallorini[1] The 48th session of the UNCITRAL Working Group III (Investor State Arbitration) took place in New York from 1 to 5 April 2024. The discussion focused on the draft statute of an advisory centre on international investment dispute resolution (A/CN.9/WG.III/WP.238), and the draft statute of a standing mechanism for the resolution of… Read More ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism

EFILA Blog

Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration

by Agata Daszko[1] In a recently surfaced judgment (I ZB 12/23), the German Federal Court of Justice (Bundesgerichtshof, BGH) has affirmed the partial enforcement of the Deutsche Telekom v. India UNCITRAL award, clarifying the boundaries of European Union law in relation to extra-EU investment treaty arbitrations. This ruling, dated 12 October 2023, addresses the interplay… Read More Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration

EFILA Blog

A Metamorphosis of Mindset: How International Investment Arbitration Has Evolved Without Major Institutional Reform

By Paul Uranga[1] Introduction “As [the investment arbitration] awoke one morning from uneasy dreams [it] found itself transformed”. Drawing from the opening line of Franz Kafka’s ‘The Metamorphosis’, this echoes the transformation undergone in investment arbitration. But, unlike Gregor Samsa, the novella’s protagonist, this shift didn’t occur overnight and remains far from complete. After more… Read More A Metamorphosis of Mindset: How International Investment Arbitration Has Evolved Without Major Institutional Reform

EFILA Blog

Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?

by Pacôme Ziegler [1] States walk a tightrope when the protection of the general interest requires encroaching upon private interests, as it often does. Should they fail in this balancing act, effective redress may be available to aggrieved private investors under the applicable investment treaty. Investors do not hesitate to avail themselves of this avenue… Read More Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?

EFILA Blog

Investment Tribunals Are Too Quick to Establish the Existence of Issue and Cause of Action Estoppel in International (Investment) Law

Alexandros-Cătălin Bakos[1] There is no denying that there is a serious backlash against investment arbitration at the moment. The signs are everywhere: from the latest discussions occurring within UNCITRAL’s Working Group III to the more recent practice of states (see the 22 European Union Member States’ declaration concerning the termination of their intra-EU Bilateral Investment… Read More Investment Tribunals Are Too Quick to Establish the Existence of Issue and Cause of Action Estoppel in International (Investment) Law

admin

A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina

Priya Garg* A plethora of cases have been filed before investment tribunals regarding the issue of interaction or conflict between human rights obligations of investor or State and his or its, as the case may be, duties under international investment law (hereinafter, IIL).[1] The recent case of Urbaser v. Argentina only joins this already long… Read More A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina

admin

Coming out of the Closet: Third-Party Funding in International Arbitration

by Andrii Hubai* The recent rise of third-party funding in international arbitration has opened a completely new dimension for arbitration itself. An opportunity of funding the parties of the process became a big deal breaker in many aspects that are visible at a first glance and those hidden behind the privacy clauses of funding agreements.… Read More Coming out of the Closet: Third-Party Funding in International Arbitration

admin

The Concept of Arbitrability of Arbitration Agreements in India

by Harshal Morwale* “Arbitration is the grease that helps economies flow and brings us benefits around the world.” —David W. Rivkin[1] Introduction Arbitration is a dynamic dispute resolution technique. An arbitrator’s powers normally derive from the arbitration agreement. With increasing number of cross border transactions and international trade contracts, the arbitrability of arbitration agreements holds… Read More The Concept of Arbitrability of Arbitration Agreements in India

admin