While we slowly approach summer holidays, it is now time for a new quarterly review. In this QR, we summarised the main developments in the field of ISDS and EU law divided by topic, instead of by months. Paragraph I. provides an update on the latest news on the modernisation of the ECT and the… Read More Quarterly Review: April – June 2023
By Anastasia Choromidou[1] and Mark Konstantinidis[2] In May 2023, an ICSID ad hoc committee contributed the latest episode to the Spanish solar arbitration saga, by rejecting Spain’s arguments based on the CJEU Komstroy ruling on intra-EU arbitration. The BayWa v Spain annulment decision reflects the tense, from a doctrinal and institutional perspective, relationship between EU… Read More BayWa v Spain: No annulment for old objections
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
The first quarter of 2023 proved rife with important developments in international investment law and arbitration involving Europe, the United States and the Indo-Pacific area. The star of the show remains the ECT, and its troubled relationship with the European Union and its Member States. Indeed, by the beginning of March, the Depositary of the… Read More Quarterly Review: January – March 2023
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
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
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
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?
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
The Editorial Board of the EFILA Blog is excited to share the first EFILA Blog Quarterly Review! Our editors have gathered and reviewed developments, events and publications from the last quarter of 2022 to highlight some of the most relevant news in the field of international investment law, arbitration and the intersection of ISDS with… Read More Quarterly Review: October – December 2022