As we return to our offices, hopefully feeling refreshed and recharged after a summer break, it is time to reflect on the last three months of developments in international investment law and arbitrations. The third quarter of this year has been marked by significant changes and noteworthy trends not only vis-à-vis the Energy Charter Treaty… Read More Quarterly Review: July – September 2023
Dr. Matteo Zambelli is a partner in the commercial dispute practice of the law firm Zambelli Tassetto, Studio Legale and an associate professor on the University of West London LLM programme where he lectures on the International Arbitration, International Commercial Litigation, International Commercial and Shipping Law, International Banking Law, Legal Aspects of International Finance and… Read More Young EFILA in conversation with… Matteo Zambelli
By Cristian Gallorini[1] Legal stability and predictability are core elements of the rule of law. In the case of foreign investments in renewable energy (RE) the concept of stability imbues distinct aspects of the investment cycle, including the arbitrability of disputes. First, stability of the investment conditions is fundamental to foreign investors. Second, International Investment… Read More Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard
By Agata Daszko[1] On 27 July 2023, Germany’s Federal Court of Justice (Bundesgerichtshof or BGH) issued a long-awaited decision (I ZB 43/22, I ZB 74/22 and I ZB 75/22) pertaining to intra-EU arbitration on the basis of the Energy Charter Treaty (“ECT”). The decision? “Upstream national legal protection is possible against intra-EU investor-State ICSID arbitral… Read More Germany’s Highest Civil Court Affirms “Primacy of Application of Union Law – Also Vis-à-Vis Public International Law” in Intra-EU Investment Arbitration
While we slowly approach summer holidays, it is now time for a new quarterly review. In this QR, we summarised the main developments in the field of ISDS and EU law divided by topic, instead of by months. Paragraph I. provides an update on the latest news on the modernisation of the ECT and the… Read More Quarterly Review: April – June 2023
By Anastasia Choromidou[1] and Mark Konstantinidis[2] In May 2023, an ICSID ad hoc committee contributed the latest episode to the Spanish solar arbitration saga, by rejecting Spain’s arguments based on the CJEU Komstroy ruling on intra-EU arbitration. The BayWa v Spain annulment decision reflects the tense, from a doctrinal and institutional perspective, relationship between EU… Read More BayWa v Spain: No annulment for old objections
Fahira Brodlija is the Rule of Law Advisor for a regional GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit) legal reform project focusing on investment disputes in the Western Balkans. Fahira is also an adjunct lecturer at the International University of Sarajevo. She frequently writes and speaks on topics related to the reform of the investor-State dispute… Read More Young EFILA in conversation with… Fahira Brodlija
By: Alexander A. Witt[1] Following a consultation process that lasted more than five years and produced six working papers reflecting the development of the draft provisions, the 2022 ICSID Arbitration Rules (the “2022 Rules”) came into force on 1 July 2022. The 2022 Rules are a complete overhaul of their predecessor, the 2006 ICSID Arbitration… Read More Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules
The first quarter of 2023 proved rife with important developments in international investment law and arbitration involving Europe, the United States and the Indo-Pacific area. The star of the show remains the ECT, and its troubled relationship with the European Union and its Member States. Indeed, by the beginning of March, the Depositary of the… Read More Quarterly Review: January – March 2023
Dmitri Evseev is a former partner of Arnold & Porter, where he spent over 15 years acting as counsel and arbitrator in high-profile international arbitration disputes. He has served as lead counsel in investment treaty disputes for Sweden, the Czech Republic, Bulgaria, Kyrgyzstan, Costa Rica, and numerous other States and private clients. In mid-2022, he… Read More Young EFILA in conversation with… Dmitri Evseev