By Guofang Xue[1] Introduction While the EU and its Member States have decided to withdraw from the Energy Charter Treaty (“ECT”), citing the ECT’s incompatibility with green energy goals, Switzerland remains mindful of such a decision’s potential impact on Swiss energy companies and investment funds. In a landmark judgment dated 3 April 2024 (Case No.… Read More The Swiss Supreme Court weighs in on Achmea and Komstroy
by Prof. Nikos Lavranos[1] In June 2022, an agreement “in principle” was achieved among all Energy Charter Treaty (ECT) contracting parties (including the European Union (EU) and all of its Member States) on the modernized ECT text. Withdrawal of the EU and EU Member States from the ECT Despite this agreement “in principle” several EU… Read More Saving the Modernized Energy Charter Treaty Helps Save the Climate
The Editorial Committee of the European Investment Law and Arbitration Review (EILAR) invites original, unpublished, high-quality submissions for the Young Practitioners and Scholars Essay Competition 2024. Submissions, should be between 5,000 and 12,000 words, inclusive of footnotes. Co-authored submissions are permissible. The essay competition is open to practitioners, scholars, and students from around the world. To be eligible, authors… Read More Upcoming EFILA Opportunity: Young Practitioners and Scholars Essay Competition 2024
By Cristian Gallorini[1] The 48th session of the UNCITRAL Working Group III (Investor State Arbitration) took place in New York from 1 to 5 April 2024. The discussion focused on the draft statute of an advisory centre on international investment dispute resolution (A/CN.9/WG.III/WP.238), and the draft statute of a standing mechanism for the resolution of… Read More ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism
By Stephanie Collins[1] and Alexa Romanelli[2] Climate change litigation has a new frontier: proceedings before international courts that are grounded in human rights violations. This blog post focuses on three cases pending before the European Court of Human Rights (“ECtHR” or “the Court”), the rulings of which are expected on 9 April 2024: (i) KlimaSeniorinnen… Read More Climate Change Cases Before the European Court of Human Rights: Where Are We Now and Where Might We Be Heading?
Dr. Stanislava Nedeva is a Lecturer in Law at Cardiff University, after having previously taught at Reading University. Her main research interests and passion lie in international arbitration (commercial and investment treaty), investment law, energy (oil and gas) and EU. She is also a Young-OGEMID Rapporteur and a member of the R.E.A.L. Newsletter & Blog… Read More Young EFILA in Conversation with… Stanislava Nedeva
The first quarter of 2024 proved full of developments and surprises in the realm of international investment law and arbitration. Our editorial board has collected some of the significant highlights for your consideration in this Quarterly Review. Case Law Updates At the start of the year, we have learnt that one of the most contentious… Read More Quarterly Review: January – March 2024
Mian Sami ud-Din is a Partner at Bhandari Naqvi Riaz and an Advocate of the Supreme Court of Pakistan. He has acted as counsel in arbitration matters under the rules of most major institutions. His experience also includes cross-border litigation and matters involving Public International Law. He is a Fellow of the Chartered Institute of… Read More Young EFILA in Conversation with… Mian Sami ud-Din
by Jiawen Wang[1] In September 2023, the European Commission (“Commission”) published a non-paper on model clauses for the future negotiation or re-negotiation of bilateral investment treaties (“BITs”) between EU Member States and third countries. This non-paper, presenting the model clauses, may reflect the Commission’s broader approach to investment protection and the best practice for EU Member States, although it… Read More The European Commission’s Model Clauses: Highlighting Human Resource Sustainability for EU Investment Treaties
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