ISDS Novelty Overlooked Or Novelty Outdated?

by Emma Spiteri-Gonzi* Investor-State Dispute Settlement (ISDS) is a procedural mechanism provided for in international investment agreements such as bilateral investment treaties (BITs) or multi-lateral investment treaties (MITs). ISDS allows an investor from one country to institute proceedings against the country where their investments where made- the Host State. So, has this novelty been overlooked… Read More ISDS Novelty Overlooked Or Novelty Outdated?

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Call for Papers: PluriCourts Conference – 25-26 August 2016

The PluriCourts Centre of Excellence at the University of Oslo is organizing a conference titled ‘Adjudicating international trade and investment disputes: between interaction and isolation.’ The conference will be hosted at the Faculty of Law of the University of Oslo on Thursday and Friday 25- 26 August 2016. Submission procedures and timelines are detailed at the end of… Read More Call for Papers: PluriCourts Conference – 25-26 August 2016

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The Shortcomings of the Proposal for an “International Court System” (ICS)

by Dr. Nikos Lavranos LLM, Secretary General of EFILA* During 2015 it became clear that the European Commission was under mounting pressure from the European Parliament (EP), Trade Ministers of several EU Member States, anti-ISDS NGOs and the media to propose more “reforms” of the investor-State dispute settlement (ISDS) system that is contained in CETA and… Read More The Shortcomings of the Proposal for an “International Court System” (ICS)

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Redefining the ‘Centre’: International Economic Law and Grand Strategy in a Multipolar World

by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* (Legal) Multipolarity Revisited: What Lies Beyond Westphalia? This brief introduction to such an ambitious thematic must undoubtedly commence by positing its adherence to the (non-legal) core concept of ‘grand strategy’ and its realist avatars in international economic law. More precisely, it shall be argued that –… Read More Redefining the ‘Centre’: International Economic Law and Grand Strategy in a Multipolar World

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Transnational Court of Investment Arbitration

by Duarte G. Henriques, BCH Advocados* In the context of the discussions surrounding the Transatlantic Trade and Investment Partnership (TTIP), much criticism has been raised against ISDS (Investor-State Dispute Settlement). We know now that the European Parliament echoed public complaints and voted against the inclusion of an ISDS mechanism in the TTIP. It further recommended to… Read More Transnational Court of Investment Arbitration

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Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option 

 Pratyush Nath Upreti*, Upreti & Associates In my previous contribution to the EFILA blog, titled Right to Regulation & Investment Court System: Alternative to ISDS?, I analyzed the debate raised by the ISDS provision in TTIP and how the proposed Investment Court may not be able to solve the issues raised by ISDS. It is important… Read More Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option 

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EFILA Annual Conference 2016 – “Investment Arbitration 2.0”

The Annual Conference of EFILA 2016 entitled “Investment arbitration 2.0?“ will take place on 5 February 2016 at the La Maison du Barreau in Paris. The Conference will bring together world-class dispute resolution practitioners and prominent arbitration experts to discuss the challenges and opportunities of investment arbitration, including the new features of investment protection chapters included… Read More EFILA Annual Conference 2016 – “Investment Arbitration 2.0”

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When Public Interests, State Strategy, and International Law Clash in One Confidential Commercial Arbitration

Ira Ryk-Lakhman* Much ink has been spilt throughout the years on States’ and the public interest’s role in international commercial arbitration. These issues are of particular importance where the litigants in a given arbitration come from neighboring – and not necessarily allied – states, and even more so when the particular neighborhood in question is… Read More When Public Interests, State Strategy, and International Law Clash in One Confidential Commercial Arbitration

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Call for Papers: Bucerius Law Journal Conference on International Investment Law & Arbitration

Supported by Neil Kaplan and Doak Bishop In collaboration with Neil Kaplan QC CBE and R. Doak Bishop, the Bucerius Law Journal is proud to announce its first conference on International Investment Law & Arbitration. The conference will take place in the facilities of the Bucerius Law School in Hamburg, Germany on 22nd and 23rd April… Read More Call for Papers: Bucerius Law Journal Conference on International Investment Law & Arbitration

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Right to Regulation & Investment Court System: Alternative to ISDS? (Part I)

   by Pratyush Nath Upreti, Upreti & Associates* Intellectual Property is sexy! Its romantic endeavor with other branches of law makes it appealing for IP scholars. This romance can be seen through the lens of the global Intellectual property regime. In today’s industrialized world, the landscape of the intellectual property is changing. Mostly, all forms of… Read More Right to Regulation & Investment Court System: Alternative to ISDS? (Part I)

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