Mian Sami ud-Din is a Partner at Bhandari Naqvi Riaz and an Advocate of the Supreme Court of Pakistan. He has acted as counsel in arbitration matters under the rules of most major institutions. His experience also includes cross-border litigation and matters involving Public International Law. He is a Fellow of the Chartered Institute of… Read More Young EFILA in Conversation with… Mian Sami ud-Din
by Jiawen Wang[1] In September 2023, the European Commission (“Commission”) published a non-paper on model clauses for the future negotiation or re-negotiation of bilateral investment treaties (“BITs”) between EU Member States and third countries. This non-paper, presenting the model clauses, may reflect the Commission’s broader approach to investment protection and the best practice for EU Member States, although it… Read More The European Commission’s Model Clauses: Highlighting Human Resource Sustainability for EU Investment Treaties
by Ioana Maria Bratu[1] On 19 January 2024 the High Court of Justice of England and Wales (EWHC or the English court) dismissed Zimbabwe’s state immunity argument to set aside the 2015 $125m ICSID arbitration award in Border Timbers Limited & Anor v Republic of Zimbabwe ([2024] EWHC 58 (Comm)). While the Court ultimately sided… Read More The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe
by Agata Daszko[1] In a recently surfaced judgment (I ZB 12/23), the German Federal Court of Justice (Bundesgerichtshof, BGH) has affirmed the partial enforcement of the Deutsche Telekom v. India UNCITRAL award, clarifying the boundaries of European Union law in relation to extra-EU investment treaty arbitrations. This ruling, dated 12 October 2023, addresses the interplay… Read More Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration
By Paul Uranga[1] Introduction “As [the investment arbitration] awoke one morning from uneasy dreams [it] found itself transformed”. Drawing from the opening line of Franz Kafka’s ‘The Metamorphosis’, this echoes the transformation undergone in investment arbitration. But, unlike Gregor Samsa, the novella’s protagonist, this shift didn’t occur overnight and remains far from complete. After more… Read More A Metamorphosis of Mindset: How International Investment Arbitration Has Evolved Without Major Institutional Reform
The last quarter of 2023 was as eventful as the rest of the year which has witnessed the “meltdown” of the Energy Charter Treaty, the adoption of the Code of Conduct for Arbitrators and the reform of the arbitration acts by the UK, Japan, Nigeria, and Luxembourg. From the Australian and UK courts granting enforcement… Read More Quarterly Review: October – December 2023
by Aleksander Kalisz[1] In the recent Infrastructure Services Luxembourg v Spain [2023] EWHC 1226 (Comm), the English High Court dismissed an application by Spain to set aside an order to register an ICSID arbitral award in favour of Infrastructure Services Luxembourg. In doing so, the High Court rejected Spain’s objection to the enforcement of intra-EU… Read More Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance
Dr. Velimir Zivkovic, MJur, is an Associate Professor and Director of LLM ICL, IEL and ICGFR programs at the University of Warwick School of Law. Velimir’s work focuses on the interplay of international investment law and other areas of international and national law, as well as the rule of law issues affecting these areas. Velimir… Read More Young EFILA in Conversation with… Velimir Zivkovic
European Investment Law and Arbitration Review 2024 The Editorial Committee of the European Investment Law and Arbitration Review invites original, unpublished scholarly submissions on recent developments in international investment law, with a focus on the theme “European investment law and arbitration: interaction with other branches of law” As of 2024, the Review will be published by Wolters Kluwer twice… Read More Upcoming EFILA Opportunities: CfP European Investment Law and Arbitration Review 2024 & Young Practitioners and Scholars Essay Competition 2024
Mary Mitsi is Senior Lecturer (Associate Professor) in Commercial Law and International Arbitration at Queen Mary University of London. She is also the Director for Executive Education at CCLS contributing to the training of industry professionals. She delivers training programmes for practitioners, government officials, and courts. Mary has also led and worked on projects by the European Bank for… Read More Young EFILA in conversation with… Mary Mitsi