Author: efila blog

Data as Protected Investment in the Background of Einarsson v. Canada

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

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The Swiss Supreme Court weighs in on Achmea and Komstroy

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

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Saving the Modernized Energy Charter Treaty Helps Save the Climate

by Prof. Nikos Lavranos[1] In June 2022, an agreement “in principle” was achieved among all Energy Charter Treaty (ECT) contracting parties (including the European Union (EU) and all of its Member States) on the modernized ECT text. Withdrawal of the EU and EU Member States from the ECT Despite this agreement “in principle” several EU… Read More Saving the Modernized Energy Charter Treaty Helps Save the Climate

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Upcoming EFILA Opportunity: Young Practitioners and Scholars Essay Competition 2024

The Editorial Committee of the European Investment Law and Arbitration Review (EILAR) invites original, unpublished, high-quality submissions for the Young Practitioners and Scholars Essay Competition 2024. Submissions, should be between 5,000 and 12,000 words, inclusive of footnotes. Co-authored submissions are permissible. The essay competition is open to practitioners, scholars, and students from around the world. To be eligible, authors… Read More Upcoming EFILA Opportunity: Young Practitioners and Scholars Essay Competition 2024

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ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism

By Cristian Gallorini[1] The 48th session of the UNCITRAL Working Group III (Investor State Arbitration) took place in New York from 1 to 5 April 2024. The discussion focused on the draft statute of an advisory centre on international investment dispute resolution (A/CN.9/WG.III/WP.238), and the draft statute of a standing mechanism for the resolution of… Read More ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism

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Climate Change Cases Before the European Court of Human Rights: Where Are We Now and Where Might We Be Heading?

By Stephanie Collins[1] and Alexa Romanelli[2] Climate change litigation has a new frontier: proceedings before international courts that are grounded in human rights violations. This blog post focuses on three cases pending before the European Court of Human Rights (“ECtHR” or “the Court”), the rulings of which are expected on 9 April 2024: (i) KlimaSeniorinnen… Read More Climate Change Cases Before the European Court of Human Rights: Where Are We Now and Where Might We Be Heading?

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Young EFILA in Conversation with… Stanislava Nedeva

Dr. Stanislava Nedeva is a Lecturer in Law at Cardiff University, after having previously taught at Reading University. Her main research interests and passion lie in international arbitration (commercial and investment treaty), investment law, energy (oil and gas) and EU. She is also a Young-OGEMID Rapporteur and a member of the R.E.A.L. Newsletter & Blog… Read More Young EFILA in Conversation with… Stanislava Nedeva

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