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Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules

By: Alexander A. Witt[1] Following a consultation process that lasted more than five years and produced six working papers reflecting the development of the draft provisions, the 2022 ICSID Arbitration Rules (the “2022 Rules”) came into force on 1 July 2022. The 2022 Rules are a complete overhaul of their predecessor, the 2006 ICSID Arbitration… Read More Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules

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Young EFILA in conversation with… Dmitri Evseev

Dmitri Evseev is a former partner of Arnold & Porter, where he spent over 15 years acting as counsel and arbitrator in high-profile international arbitration disputes. He has served as lead counsel in investment treaty disputes for Sweden, the Czech Republic, Bulgaria, Kyrgyzstan, Costa Rica, and numerous other States and private clients. In mid-2022, he… Read More Young EFILA in conversation with… Dmitri Evseev

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On the Road to Neutrality: Multilateral Investment Court and Appointment of Adjudicators

By Stanislava Nedeva[1] The proposal for establishing a Multilateral Investment Court (MIC) has been under discussion for several years now and was taken forward at intergovernmental talks at United Nations Committee on International Trade Law (UNCITRAL), with a view of reforming the current investor-state dispute settlement (ISDS) system. The intergovernmental talks are conducted under the… Read More On the Road to Neutrality: Multilateral Investment Court and Appointment of Adjudicators

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Upcoming EFILA Opportunities: 8th Annual EFILA Conference, Young EFILA Panel Discussion, CfP for EILA Review 2023 and Young Practitioners and Scholars Essay Competition 2023

8th Annual EFILA Conference – 16 March 2023 There is still time to reserve your ticket for the Annual EFILA Conference, this year hosted by Cuatrecasas in Madrid! This year’s theme: Climate Change and International Investment Law & Arbitration: Challenges and Uncertainties with a fantastic line-up of speakers and the keynote delivered by Wnedy Miles… Read More Upcoming EFILA Opportunities: 8th Annual EFILA Conference, Young EFILA Panel Discussion, CfP for EILA Review 2023 and Young Practitioners and Scholars Essay Competition 2023

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Young EFILA in conversation with… Michael Davar

Michael Davar is a senior associate in the International Dispute Resolution and Litigation practices of Squire Patton Boggs in London. His cases have set English legal precedent. The Legal 500 2023 features Michael as a key lawyer for both international arbitration and commercial litigation. He is also a named arbitrator in the Georgian International Arbitration Centre’s… Read More Young EFILA in conversation with… Michael Davar

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Fair and Equitable Treatment in CETA from a German Perspective

By Simon Weber[1] On 1 December 2022, the German Parliament (Bundestag) ratified the Comprehensive Economic and Trade Agreement (CETA; the Agreement) with Canada. The Agreement has been provisionally applied since 2017. Ever since, almost 100% of customs duties on goods traded between Member States of the European Union and Canada have been abolished. CETA must be ratified… Read More Fair and Equitable Treatment in CETA from a German Perspective

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Young EFILA in conversation with… Himanshu Setia

Himanshu Setia[1]  is an advocate at Dua Associates, India where he specialises in arbitration and commercial litigation. He advises and represents parties in international arbitration matters (under Rules of the Singapore International Arbitration Centre, the ICC, UNCITRAL as well as ad hoc) and in arbitration matters seated in India. He also advises and represents parties… Read More Young EFILA in conversation with… Himanshu Setia

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Euroscepticism: A Driver of the EU’s Clash with ISDS and Public International Law?

By Emma A. Iannini[1] It was not so long ago that many attorneys, academics, and European intellectuals might have described the EU and the Court of Justice of the European Union (“CJEU”) as one of the crowning achievements of public international law. Despite its self-described sui generis nature, there is no doubt that the EU,… Read More Euroscepticism: A Driver of the EU’s Clash with ISDS and Public International Law?

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Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia

By Lili Feher[1] and Sebastian Lukic[2] Introduction In December 2022, the General Court of the EU rendered a set of judgments rejecting claims initiated by Latvian bank PNB Banka for the annulment of prudential measures imposed against it by the European Central Bank (ECB) (see T-275/19, T-301/19, T-330/19 and T-230/20). The cases had attracted attention considering the larger context… Read More Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia

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Landmark Judgments Rendered by Swedish Courts in the Achmea Saga

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

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