by Zoltán S. Novák, TaylorWessing We are used to thinking of international investment arbitration as a remedy against unlawful nationalization, expropriation, and other high-profile state acts depriving a foreign investor of his or her investment. It is pretty rare that the unfair treatment the investor complains about is limited to a simple court order requesting… Read More ICSID Complaint as Alternative to Supplemental Filing
by Dr. Nikos Lavranos LLM, Secretary General of EFILA* A couple of weeks ago the first award in the series of more than 25 other solar energy cases against Spain was issued. The case was brought by two companies based in Luxembourg and the Netherlands against Spain on the basis of the Energy Charter Treaty (ECT)… Read More The Lack of Any Legal Conflict Between EU Law and Intra-EU BITs/ECT Disputes
by Blazej Blasikiewicz and Juan Pablo Valdivia Pizzaro Maison du Barreau, Paris February 5th 2016 I. Introduction The European Federation for Investment Law and Arbitration (EFILA) set out for a promising year with its Inaugural Conference in London in January of 2015. Last year proved to be full of notorious developments in the area of… Read More Report on EFILA’s Annual Conference
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)
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)
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)