Tag: EU Law

Can Investors Use the Proposed Unified Patent Court for Treaty Shopping?

Pratyush Nath Upreti*, Upreti & Associates In recent years, there have been several discussions on Investor-State Dispute Settlement (ISDS) and its impact on states’ sovereign right to regulate. The latest cases of Philip Morris and Eli Lilly are evident where intellectual property claims were brought under the scrutiny of investment tribunals. These cases have received greater attention,… Read More Can Investors Use the Proposed Unified Patent Court for Treaty Shopping?

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EFILA, AIA and CIArb Event in Brussels: International Arbitration and EU Law Issues

EFILA together with the AIA and the Chartered Institute of Arbitrators are co-hosting an event which focuses on some of the hot issues regarding the interaction between EU law and International Arbitration. Speakers will deal both with commercial arbitration and investment treaty arbitration issues, as well as their interaction with EU law. This half-day event takes place… Read More EFILA, AIA and CIArb Event in Brussels: International Arbitration and EU Law Issues

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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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A BIT-By-BIT Understanding of the EU’s Present & Future Investment Agreements

by Emma Spiteri-Gonzi* Anyone with an interest in European investment and trade will undoubtedly have heard of the EU-US TTIP or, to use its full name, the Transatlantic Trade and Investment Partnership. Naturally, this makes sense as the US is the EU’s top trading partner and a trade agreement of this significance would unquestionably make… Read More A BIT-By-BIT Understanding of the EU’s Present & Future Investment Agreements

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AIA and EFILA Event: Seminar on Arbitration and EU Law

Seminar on Arbitration and EU Law – 7th April 2016, Brussels, Belgium   EVENT CO-ORGANIZED WITH THE EUROPEAN FEDERATION FOR INVESTMENT LAW AND ARBITRATION (EFILA)   Over the years, there has been increasing EU activity in private international law. The interaction and relationship of EU law and international commercial arbitration has had growing interest over the years. In… Read More AIA and EFILA Event: Seminar on Arbitration and EU Law

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Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part II)

by Emanuela Matei, Associate Researcher – CELS* This article represents Part 2/2 of a larger material regarding the interaction of EU state aid rules and international investment law in the context of recent EC Decisions. Part 1/2 was published earlier this week. B.  Selectivity Whether a regulatory measure is selective shall be examined within the context… Read More Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part II)

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Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part I)

by Emanuela Matei, Associate Researcher – CELS* This article represents Part 1/2 of a larger material regarding the interaction of EU state aid rules and international investment law in the context of recent EC Decisions. Part 2/2 will be published later this week.  I.          Introduction In May 2014, Obama defended a more relaxed foreign policy that… Read More Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part I)

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The Proposed New Investment Court System for TTIP: The Right Way Forward?

by Mirjam van de Hel-Koedoot, NautaDutilh*   On 16 September 2015, the European Commission published a draft text for the investment chapter in the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US. In the Proposal, the European Commission specifically mentions that the Proposal is an internal document of the EU… Read More The Proposed New Investment Court System for TTIP: The Right Way Forward?

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Defining International Investment Law for the 21st Century (A Reply)

by Emanuela Matei, Of Counsel – Mircea and Partners* This post represents a reply to Horia Ciurtin’s material “The Future of Investment Treaties: Metamorphosis or Deconstruction?”, published on the EFILA Blog on 8th September. Another reply will follow from Horia Ciurtin in the following weeks. Of Two Evils Choose Neither We are living in a… Read More Defining International Investment Law for the 21st Century (A Reply)

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