Young EFILA in conversation with… Matteo Zambelli

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

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Revisiting the Blusun dictum: A Roadmap for a Proportionality Analysis of the Breach of Stability in the Fair and Equitable Treatment Standard

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

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Germany’s Highest Civil Court Affirms “Primacy of Application of Union Law – Also Vis-à-Vis Public International Law” in Intra-EU Investment Arbitration

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

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BayWa v Spain: No annulment for old objections

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

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Young EFILA in conversation with… Fahira Brodlija

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

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Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules

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

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On the Road to Neutrality: Multilateral Investment Court and Appointment of Adjudicators

By Stanislava Nedeva[1] The proposal for establishing a Multilateral Investment Court (MIC) has been under discussion for several years now and was taken forward at intergovernmental talks at United Nations Committee on International Trade Law (UNCITRAL), with a view of reforming the current investor-state dispute settlement (ISDS) system. The intergovernmental talks are conducted under the… Read More On the Road to Neutrality: Multilateral Investment Court and Appointment of Adjudicators

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