Charles Ho Wang Mak* and I-Ju Chen** China is now a major player in some of the United States’ (US) most important sectors. China’s impact can be found through the acquisition by some of its most influential companies, which are later acquired by the sovereign wealth funds (SWFs) of China. US’ companies, for example, Apple… Read More Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?
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
Benedetta Cappiello* It seems that nowadays the debate on fragmentation of international law is not yet ready to reach a prompt solution. On the contrary, every and each occasion, even at the jurisprudential level, seems a good one to offer some new reflections, in brief or at length, on the reason why international… Read More Profit vs. Sustainability: How to pursue a sustainable investment
by Malcolm Katrak* Recently, the Delhi High Court in the case of Union of India v. Vodafone Group, passed an ex-parte order restraining the Vodafone Group from pursuing an investment arbitration claim against India under the India-United Kingdom Bilateral Investment Treaty (India- UK BIT). The Court held that multiple claims cannot be permitted by corporate… Read More The Vodafone Tax Dispute: Abuse of Process in International Investment Arbitration?
by Tabe van Hoolwerff* Imagine, you are an EU trade minister and you want to attract foreign investors by offering a stable investment climate. At the same time, you also want to avoid potential claims arising from government measures that seek to protect the environment or labor standards – a fear your non-business stakeholders have been… Read More Avoiding ISDS: National Contact Points for Investor Guidelines and Mediation
by Pawel Sikora, Kubas Kos Gałkowski It is beyond any doubts that the ongoing procedure of negotiating Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States of America (US) raises essential controversies among the EU member states societies. However, it is not the first time such controversies occur, as just… Read More The Polish Government’s Standpoint on ISDS Inclusion in the Scope of TTIP