The Need for the Implementation of a Multilateral Agreement on Investment vis-à-vis Dispute Settlement in WTO

Aayushi Singh* Introduction – Cogs of the same wheel – Trade and FDI Grazia Ietto-Gillies’ theories were based on the classical theory of trade in which the motive behind trade was a result of the difference in the costs of production of goods between two countries, focusing on the low cost of production as a… Read More The Need for the Implementation of a Multilateral Agreement on Investment vis-à-vis Dispute Settlement in WTO

The EU’s foreign investment screening proposal: Towards more protectionism in the EU

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

The Vodafone Tax Dispute: Abuse of Process in International Investment Arbitration?

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?

Urbaser v. Argentina: Analysing the Expanding Scope of Investment Arbitration in light of Human Rights Obligations

by Sujoy Sur While allowing investors the right to directly bring a claim against the States has said to be the single most progressive development in International Law in the 20th century, they also have gained recognition as ‘subjects’ of international law. It is this recognition which puts a corollary duty on the investor to regard… Read More Urbaser v. Argentina: Analysing the Expanding Scope of Investment Arbitration in light of Human Rights Obligations

In search of a “better” globalization

by Nikos Lavranos, Secretary-General of EFILA The backlash against globalization At the OECD, Global Forum on International Investment (6 March) more than hundred stakeholders from businesses, trade unions, academics and OECD member states gathered together for a one-day meeting considering ways towards a “better” globalization, which is more “inclusive”, i.e., which benefits all. The OECD… Read More In search of a “better” globalization

Iran’s Accession to ICSID: What to Expect?

by Shiva Ghahremani (Konrad & Partners), Amirhossein Tanhaei (CMS) The signing of the Joint Comprehensive Plan of Action (JCPOA) in July 2015 and subsequently the lifting of the sanctions imposed on Iran, reintroduced the Iranian economy to the international trade and investment, leading Iran to return to the commercial mainstream. Just a few days ago, Tehran signed… Read More Iran’s Accession to ICSID: What to Expect?

The love-hate story of arbitral jurisdiction over claims against states in the EU

by Emanuela Matei, Associate Researcher – CELS* Staging the scene In October 2013 the European Commission issued a note entitled ‘Platform for Good Tax Governance: Addressing the remaining cases of double taxation in the single market: means to foster arbitration’ in which it exposed the limitations of the EU Arbitration Convention 90/463/EEC. It affirmed that whenever… Read More The love-hate story of arbitral jurisdiction over claims against states in the EU