The Relationship between EU State Aid law and Obligations Arising under Investment Treaties

by Alexandros Bakos, LL.M  I. Introduction: In recent years, a series of debates have emerged in regard to the relationship between the EU State Aid law[1], on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party)[2], on the other hand. Those debates manifest themselves at different… Read More The Relationship between EU State Aid law and Obligations Arising under Investment Treaties

Profit vs. Sustainability: How to pursue a sustainable investment

  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

The first steps towards a Multilateral Investment Court (MIC)

by Prof. Nikos Lavranos, Secretary-General of EFILA   On the instigation of the EU, the UNCITRAL Commission adopted a broad mandate for a Working Group to: identify and consider concerns regarding ISDS; consider whether reforms are desirable in light of the identified concerns; if the Working Group were to conclude that reform is desirable, to… Read More The first steps towards a Multilateral Investment Court (MIC)

Before the Other Shoe Drops (II): The First ICSID Final Award in the Spanish Renewable Energy Arbitration Saga Finds for the Investors – Crossing the Line?

by Clifford J. Hendel, Araoz & Rueda Abogados The following updates the author’s entry September 2015 in this blog entitled “Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain.”  In recent years, some 30 cases have been filed — under SCC, UNCITRAL and (principally) ICSID rules — alleging that Spain… Read More Before the Other Shoe Drops (II): The First ICSID Final Award in the Spanish Renewable Energy Arbitration Saga Finds for the Investors – Crossing the Line?

Norton Rose Fulbright and EFILA: Investor-State Disputes, What Will Change Post-Brexit?

by Cara Dowling, Norton Rose Fulbright (London)* On Wednesday 29th March 2017, the UK government triggered Article 50 formally beginning the process of withdrawing the UK from the European Union. On that historic day, the London office of Norton Rose Fulbright and EFILA co-hosted a panel discussion with distinguished experts from industry, trade policy and… Read More Norton Rose Fulbright and EFILA: Investor-State Disputes, What Will Change Post-Brexit?

What’s the value of investment treaties?

by Dr. Dominic Beckers-Schwarz, Lawyer, Paris   On 7 March 2017, one day after the OECD Global Forum on International Investment, over one hundred stakeholders from businesses, trade unions, academics and OECD member states gathered for the one-day “3rd OECD Annual Conference on Investment Treaties”. The conference addressed issues concerning “evaluating and enhancing outcomes of… Read More What’s the value of investment treaties?