Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration

by Agata Daszko[1] In a recently surfaced judgment (I ZB 12/23), the German Federal Court of Justice (Bundesgerichtshof, BGH) has affirmed the partial enforcement of the Deutsche Telekom v. India UNCITRAL award, clarifying the boundaries of European Union law in relation to extra-EU investment treaty arbitrations. This ruling, dated 12 October 2023, addresses the interplay… Read More Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration

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A Metamorphosis of Mindset: How International Investment Arbitration Has Evolved Without Major Institutional Reform

By Paul Uranga[1] Introduction “As [the investment arbitration] awoke one morning from uneasy dreams [it] found itself transformed”. Drawing from the opening line of Franz Kafka’s ‘The Metamorphosis’, this echoes the transformation undergone in investment arbitration. But, unlike Gregor Samsa, the novella’s protagonist, this shift didn’t occur overnight and remains far from complete. After more… Read More A Metamorphosis of Mindset: How International Investment Arbitration Has Evolved Without Major Institutional Reform

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Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

by Aleksander Kalisz[1] In the recent Infrastructure Services Luxembourg v Spain [2023] EWHC 1226 (Comm), the English High Court dismissed an application by Spain to set aside an order to register an ICSID arbitral award in favour of Infrastructure Services Luxembourg. In doing so, the High Court rejected Spain’s objection to the enforcement of intra-EU… Read More Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

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Upcoming EFILA Opportunities: CfP European Investment Law and Arbitration Review 2024 & Young Practitioners and Scholars Essay Competition 2024

European Investment Law and Arbitration Review 2024 The Editorial Committee of the European Investment Law and Arbitration Review invites original, unpublished scholarly submissions on recent developments in international investment law, with a focus on the theme “European investment law and arbitration: interaction with other branches of law” As of 2024, the Review will be published by Wolters Kluwer twice… Read More Upcoming EFILA Opportunities: CfP European Investment Law and Arbitration Review 2024 & Young Practitioners and Scholars Essay Competition 2024

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Young EFILA in conversation with… Mary Mitsi

Mary Mitsi is Senior Lecturer (Associate Professor) in Commercial Law and International Arbitration at Queen Mary University of London. She is also the Director for Executive Education at CCLS contributing to the training of industry professionals. She delivers training programmes for practitioners, government officials, and courts. Mary has also led and worked on projects by the European Bank for… Read More Young EFILA in conversation with… Mary Mitsi

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Advisory Centre on International Investment Law and Need for Consensus

by Tetyana Makukha[1] Between 9-13 October 2023, the 46th Session of UNCITRAL Working Group III took place in Vienna, Austria. The EFILA attended the session in its capacity as an observer organisation. Three first days of the Session were fully devoted to discussing draft provisions on the establishment of an advisory centre on international investment… Read More Advisory Centre on International Investment Law and Need for Consensus

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Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?

by Pacôme Ziegler [1] States walk a tightrope when the protection of the general interest requires encroaching upon private interests, as it often does. Should they fail in this balancing act, effective redress may be available to aggrieved private investors under the applicable investment treaty. Investors do not hesitate to avail themselves of this avenue… Read More Is Portugal’s Huawei Ban Compatible with its Investment Treaty Obligations?

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