The first quarter of 2023 proved rife with important developments in international investment law and arbitration involving Europe, the United States and the Indo-Pacific area. The star of the show remains the ECT, and its troubled relationship with the European Union and its Member States. Indeed, by the beginning of March, the Depositary of the… Read More Quarterly Review: January – March 2023
by Anina Liebkind[1] and Andreas Holst[2] SUMMARY: The Achmea saga reaches the precipice in Sweden with two landmark judgments. In judgments issued a day apart, the Svea Court of Appeal first declares the Novenergia II v. Spain award invalid because the issues in dispute are not arbitrable under Swedish law (Case No. T 4658-18, 13… Read More Landmark Judgments Rendered by Swedish Courts in the Achmea Saga
By Herbert Woopen[1] In Part I, this post explored and analysed domestic regulations in Italy concerning investment and ECJ’s decisions stemming from those. Now, Part II will look at international law solutions and will analyse how the European Union could and should amend past erroneous decisions. III. The role of International Law where EU Law… Read More Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part II)
By Herbert Woopen[1] I. Introduction: The EU’s ambition The EU has for a long time wished to be the frontrunner for innovative investments in green technology and strived to secure future economic growth for European companies exporting products for a sustainable world economy, products that are and will be invented in Europe. These intentions deserve… Read More Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)
By Velislava Hristova[1] Held in a hybrid format, the Young EFILA’s official kick-off event took place on 8 June 2022 at the Amsterdam office of Linklaters LLP and online. The event featured an Oxford-style debate on the motion: “After Achmea, Komstroy and PL Holdings: the EU is still an attractive foreign investment destination”. The debate… Read More Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination