The Editorial Board of the EFILA Blog is excited to share the first EFILA Blog Quarterly Review! Our editors have gathered and reviewed developments, events and publications from the last quarter of 2022 to highlight some of the most relevant news in the field of international investment law, arbitration and the intersection of ISDS with … Continue reading Quarterly Review: October – December 2022
Tag: international arbitration
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 … Continue reading Investment Tribunals Are Too Quick to Establish the Existence of Issue and Cause of Action Estoppel in International (Investment) Law
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 … Continue reading A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
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. … Continue reading Coming out of the Closet: Third-Party Funding in International Arbitration
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 … Continue reading The Concept of Arbitrability of Arbitration Agreements in India
The Case Against the Corruption Defense
José María de la Jara*[1] and Eduardo Iñiguez*[2] In 1989, high-profile executives from Dubai met with Daniel Arap Moi, former President of Kenya, to seek his approval for the construction of duty free complexes at the Nairobi and Mombasa International Airports. At the beginning of the meeting, an executive from the investor, World Duty … Continue reading The Case Against the Corruption Defense
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
Call for Contributions: EFILA Blog
Given the present debate surrounding the investment and EU law community (enhanced by the Brexit, the TTIP or CETA negotiations), the EFILA Blog editorial board believes that a veritable dialogue must take place, allowing all arguments to be heard and all diverging positions to be defended. Therefore, The EFILA Blog editorial board welcomes any contribution that pertains … Continue reading Call for Contributions: EFILA Blog
Is Third Party Funding a Relevant “Investment” for the Purposes of a IIA Protection?
by Duarte G. Henriques, BCH Advocados* During a meeting on the occasion of the last ICCA Congress in Mauritius, someone asked whether a Third Party Funding is considered an “investment” for the purposes of protection afforded by international investment agreements (“IIAs”) and investor state dispute settlement (“ISDS”). Contrary to my first reaction—“no, TPF is not protected”—the … Continue reading Is Third Party Funding a Relevant “Investment” for the Purposes of a IIA Protection?
The Pechstein Judgment Emphasizes the Virtues of Arbitration
by Nikos Lavranos, Secretary General of EFILA On June 7, 2016, the German Federal Court (Bundesgerichtshof, BGH) published a press release summarizing its judgment in the Pechstein case. Since the judgment itself has not yet been published, the following blogpost is solely based on this press release and other publicly available sources. This case revolves … Continue reading The Pechstein Judgment Emphasizes the Virtues of Arbitration