Category: Articles

The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe

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

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Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration

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

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A Metamorphosis of Mindset: How International Investment Arbitration Has Evolved Without Major Institutional Reform

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

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Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

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

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Advisory Centre on International Investment Law and Need for Consensus

by Tetyana Makukha[1] Between 9-13 October 2023, the 46th Session of UNCITRAL Working Group III took place in Vienna, Austria. The EFILA attended the session in its capacity as an observer organisation. Three first days of the Session were fully devoted to discussing draft provisions on the establishment of an advisory centre on international investment… Read More Advisory Centre on International Investment Law and Need for Consensus

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Young EFILA in conversation with… Eliana Maria Tornese

In 2021, Eliana Maria Tornese took over the position of Registrar of the London Court of International Arbitration (LCIA). Prior to joining the LCIA as Deputy Registrar in November 2015, she worked at the ICC International Court of Arbitration, where she spent three years as Counsel in charge of the case management team, handling arbitration… Read More Young EFILA in conversation with… Eliana Maria Tornese

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Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?

by Pacôme Ziegler [1] States walk a tightrope when the protection of the general interest requires encroaching upon private interests, as it often does. Should they fail in this balancing act, effective redress may be available to aggrieved private investors under the applicable investment treaty. Investors do not hesitate to avail themselves of this avenue… Read More Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?

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Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard

By Cristian Gallorini[1] Legal stability and predictability are core elements of the rule of law. In the case of foreign investments in renewable energy (RE) the concept of stability imbues distinct aspects of the investment cycle, including the arbitrability of disputes. First, stability of the investment conditions is fundamental to foreign investors. Second, International Investment… Read More Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard

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Germany’s Highest Civil Court Affirms “Primacy of Application of Union Law – Also Vis-à-Vis Public International Law” in Intra-EU Investment Arbitration

By Agata Daszko[1] On 27 July 2023, Germany’s Federal Court of Justice (Bundesgerichtshof or BGH) issued a long-awaited decision (I ZB 43/22, I ZB 74/22 and I ZB 75/22) pertaining to intra-EU arbitration on the basis of the Energy Charter Treaty (“ECT”). The decision? “Upstream national legal protection is possible against intra-EU investor-State ICSID arbitral… Read More Germany’s Highest Civil Court Affirms “Primacy of Application of Union Law – Also Vis-à-Vis Public International Law” in Intra-EU Investment Arbitration

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