Category: Reports

Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases

By Hugo Cardona[1] Introduction The 10th Annual EFILA Lecture, held on 25 November 2024 at Queen Mary University of London, represented a significant milestone in EFILA’s series of successful academic events. It provided a forum for an insightful analysis of the evolving landscape of ICSID arbitration. The lecture was delivered by Martina Polasek, who assumed… Read More Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases

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Report From the Young EFILA Debate: What is the most significant decision from the first 1,000 ICSID cases?

By Dimitar Arabov[1] On 27 November 2024, Young EFILA organised another successful and thought-provoking debate, held at the London offices of Clyde & Co. The debate focused on identifying the most significant decision from the first 1,000 cases filed under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States… Read More Report From the Young EFILA Debate: What is the most significant decision from the first 1,000 ICSID cases?

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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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Landmark Judgments Rendered by Swedish Courts in the Achmea Saga

by Anina Liebkind[1] and Andreas Holst[2] SUMMARY: The Achmea saga reaches the precipice in Sweden with two landmark judgments. In judgments issued a day apart, the Svea Court of Appeal first declares the Novenergia II v. Spain award invalid because the issues in dispute are not arbitrable under Swedish law (Case No. T 4658-18, 13… Read More Landmark Judgments Rendered by Swedish Courts in the Achmea Saga

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Green Power v. Spain: Intra-EU Game Changer or an Exception that Confirms the Rule?

by Iván Levy[1] Introduction On June 16, 2022, the Tribunal in Green Power Partners K/S & SCE Solar Don Benito APS v. The Kingdom of Spain (Green Power v. Spain) issued its award and became the first tribunal to uphold the so-called intra-EU objection.[2] After a large number of decisions historically rejecting the objection, is… Read More Green Power v. Spain: Intra-EU Game Changer or an Exception that Confirms the Rule?

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Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination

By Velislava Hristova[1] Held in a hybrid format, the Young EFILA’s official kick-off event took place on 8 June 2022 at the Amsterdam office of Linklaters LLP and online.  The event featured an Oxford-style debate on the motion: “After Achmea, Komstroy and PL Holdings: the EU is still an attractive foreign investment destination”. The debate… Read More Young EFILA Kick Off Event: a lively debate on the European Union as an attractive foreign investment destination

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Young ISDS Club – Corona pandemic investment disputes

I was invited by Alexander Leventhal (Quinn Emanuel Urquhart & Sullivan) to participate in a webinar conducted by Young ISDS Club on 26 May 2020. Knowing Alexander’s undefined love for discussions on all things in investment arbitration, I was certain that the webinar would be intellectually stimulating. However, to my immediate surprise, it was not like the typical webinar where one could simply sit back and absorb the information. To the contrary, the webinar was interactive and made me think on my feet.… Read More Young ISDS Club – Corona pandemic investment disputes

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Report on the 5th EFILA Annual Conference held on 30th January 2020 in London

by Dr. David Pusztai (Quinn Emanuel Urquhart & Sullivan, LLP The European Federation for Investment Law and Arbitration (EFILA) held its 5th Annual Conference on 30 January 2020 in London, with a focus on “Investment Arbitration in the EU: Alternatives to Intra-EU BITs”. As the Secretary-General of the International Centre for Settlement of Investment Disputes, Meg… Read More Report on the 5th EFILA Annual Conference held on 30th January 2020 in London

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Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 15 January 2020)

José Rafael Mata Dona1 As in the previous session of the stakeholder meeting organized by the European Commission (see here), this roundup started with a brief recap of the whole process of the UNICTRAL Working Group III (for a more detailed review of the EU’s proposal for a MIC and ISDS reform under the auspices of UNCITRAL… Read More Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 15 January 2020)

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Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)

José Rafael Mata Dona[1]  A week before the autumn session in Vienna of the UNCITRAL Working Group III, the EC held a Stakeholder meeting in Brussels on the subject of the establishment of a Multilateral Investment Court. The initiative took place as part of the EC Commitment to Transparency. During the introductory speech, Collin Brown (Dispute… Read More Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)

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