VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19

Krishna Agarwal (Gujarat National Law University, India) 1. Introduction The unprecedented COVID-19 pandemic has grappled the world and is comparable to the Argentine crisis as the States have taken emergency measures like Argentina in the wake of economic crisis.[1] However, unlike Argentina, the States have taken multiple emergency measures to curb the adverse effects of… Read More VALUATION OF COMPENSATION AGAINST THE BACKDROP OF COVID-19

Call for Papers:

2nd Bucerius Conference on Investment Law & Arbitration The 2nd BCILA is supported by Dr. Yas Banifatemi and Prof. Dr. Kaj Hobér as Honorary Patrons as well as by the Arbitration Institute of the Stockholm Chamber of Commerce, the Vienna International Arbitral Centre, and the Bucerius Center for International Dispute Resolution as institutional partners. In… Read More Call for Papers:

Moldova v Komstroy: A Moment Of Reckoning For Intra-EU Investment Arbitration Under The ECT?  Considering Its impact On Tribunals, Investors And EU Member States

Stephanie Collins, Associate Attorney, Gibson, Dunn & Crutcher UK LLP On 2 September 2021, the Court of Justice of the European Union (the “CJEU”) issued its ruling in Republic of Moldova v Komstroy concluding that, as a matter of EU law, Article 26 of the Energy Charter Treaty (“ECT”) is not applicable to “intra-EU” disputes. … Read More Moldova v Komstroy: A Moment Of Reckoning For Intra-EU Investment Arbitration Under The ECT?  Considering Its impact On Tribunals, Investors And EU Member States

Report on the 7th Annual EFILA Lecture delivered by Annette Magnusson (Climate Change Counsel), Brussels, 28 October 2021

Pieter Fritschy (Senior Associate, Nauta Dutilh) “ENERGY CHARTER TREATY ARBITRATION AND THE PARIS AGREEMENT – FRIENDS OR FOES?” On 28 October 2021, Annette Magnusson delivered the 7th Annual EFILA Lecture in Brussels. The topic of her lecture concerned the relationship between the Energy Charter Treaty and the Paris Agreement, more specifically the question of whether… Read More Report on the 7th Annual EFILA Lecture delivered by Annette Magnusson (Climate Change Counsel), Brussels, 28 October 2021

Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions

By Yosuke Iwasaki (Sidley Austin LLP) and Takashi Yokoyama (Tenzer Arrieta PLLC)[1] While Japan has signed 36[2] bilateral investment treaties (“BITs”) with predominantly capital importing countries, historically the Japanese government’s investment treaty policy has been veiled in secrecy. While some countries, such as the United States and India, have officially published their own model BITs,… Read More Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions

RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE

(Russian Proverb) Izabella Prusskaya, Associate, CAREY OLSEN (BVI) L.P. “Africa needs more Russian foreign direct investments to enhance the current Africa-Russian trade ties” Albert M. Muchanga, Commissioner for Trade and Industry of the African Union, during the St. Petersburg International Economic Forum 2018, “Business Dialogue: Russia-Africa” A changing landscape: industry focus and the nature of… Read More RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE

The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)

Prof. Nikos Lavranos & Prof. Loukas Mistelis (Co-Editors in Chief) We are very pleased and proud to present the fifth issue of the European Investment Law and Arbitration Review (EILA Rev) 2020. As of 23 December 2020, all articles of this volume can be ordered online at Brill Publishers: The stormy developments of the past… Read More The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)

Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?

Charles Ho Wang Mak* and I-Ju Chen** China is now a major player in some of the United States’ (US) most important sectors. China’s impact can be found through the acquisition by some of its most influential companies, which are later acquired by the sovereign wealth funds (SWFs) of China. US’ companies, for example, Apple… Read More Regulatory Challenges Arising from Sovereign Wealth Funds and National Security: Exacerbate Great Power Competition between China and the United States?

Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union

By Dr. Philipp Stompfe, LL.M. (London)* In March 2018, following an initiative of Germany, France and Italy, the Council of the European Union (“EU”) approved a Regulation on establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“Regulation”). The new Regulation entered into force on 10 April 2019 and will… Read More Practical Implications of the New Legal Framework for Foreign Direct Investment in the European Union

Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration

By Sumit Chatterjee (National Law School of India University, Bangalore) An ICSID Committee, chaired by Ricardo Ramirez-Hernandez, recently annulled an arbitral award rendered in favour of a solar power investor in the case of Eiser Infrastructre Ltd. v Republic of Spain. [1] The primary ground on which the award was annulled was the undisclosed relationship… Read More Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration