The last three months of 2024 saw significant developments in the fields of international arbitration and investment treaty disputes. Key decisions and legislative reforms took place, once again shaping the arbitration landscape and reinforcing legal certainty in several jurisdictions, with repercussions in the following months. ECT Modernisation and Termination of Intra-EU BITs. EU stakeholders body… Read More Quarterly Review: October – December 2024
By Claudia Wortmann[1] State Parties to the United Nations Framework Convention on Climate Change (‘UNFCCC’) and the 2015 Paris Agreement are obliged to take steps to mitigate climate change. Such steps include achieving an urgent energy transition away from fossil fuels toward more renewable, ‘green’ energy. However, one of the issues that arises in the… Read More Conflicts Between International Climate Law and Investment Arbitration: A proposed exception to the full reparation standard without moving the goalposts
By Dimitar Arabov[1] Registering arbitral awards rendered pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (the “ICSID Convention” and, respectively, “ICSID Award(s)”) in England & Wales ought to be, at least in principle, a reasonably straightforward matter. The implementing legislation of the ICSID Convention in… Read More UK’s Court of Appeal Affirms No Adjudicative Immunity for States in ICSID Award Registration Proceedings
By Hugo Cardona[1] Introduction The 10th Annual EFILA Lecture, held on 25 November 2024 at Queen Mary University of London, represented a significant milestone in EFILA’s series of successful academic events. It provided a forum for an insightful analysis of the evolving landscape of ICSID arbitration. The lecture was delivered by Martina Polasek, who assumed… Read More Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases
By Dimitar Arabov[1] On 27 November 2024, Young EFILA organised another successful and thought-provoking debate, held at the London offices of Clyde & Co. The debate focused on identifying the most significant decision from the first 1,000 cases filed under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States… Read More Report From the Young EFILA Debate: What is the most significant decision from the first 1,000 ICSID cases?
by Ioana Bratu and Arijit Sanyal[1] As explored in our article “Data as Protected Investment in the Background of Einarsson v. Canada” (IJAL 12:2 2024), on which this post is based: data is increasingly recognised as a significant asset in international investment arbitration. The pending Einarsson v. Canada case[2] addresses the question of whether seismic… Read More Data as Protected Investment in the Background of Einarsson v. Canada
Back from the summer months, our editors are here to provide you with an overview of some of the key events from the past quarter, which was by no means a slow period in the world of international investment law and arbitration. The EU continued to assert its stance on intra-EU arbitration, while also influencing… Read More Quarterly Review: July – September 2024
We are fast approaching summer holidays and whether you will be relaxing under a beach umbrella or ‘enjoying’ the air conditioning in the office, here is a quick reading to keep you up to speed on the recent developments in international investment law, public policy and ISDS and to suggest for you some readings and… Read More Quarterly Review: April – June 2024
Stela Negran is an associate at LALIVE. She specialises in international commercial and investment arbitration and advises clients in a variety of sectors, including energy, mining and construction. She is a solicitor of England and Wales, and has previously worked as a trainee and a paralegal at LALIVE. Young EFILA sat down with Stela to… Read More Young EFILA in Conversation with… Stela Negran
By Guofang Xue[1] Introduction While the EU and its Member States have decided to withdraw from the Energy Charter Treaty (“ECT”), citing the ECT’s incompatibility with green energy goals, Switzerland remains mindful of such a decision’s potential impact on Swiss energy companies and investment funds. In a landmark judgment dated 3 April 2024 (Case No.… Read More The Swiss Supreme Court weighs in on Achmea and Komstroy