Tag: ISDS

Conflicts Between International Climate Law and Investment Arbitration: A proposed exception to the full reparation standard without moving the goalposts

By Claudia Wortmann[1] State Parties to the United Nations Framework Convention on Climate Change (‘UNFCCC’) and the 2015 Paris Agreement are obliged to take steps to mitigate climate change. Such steps include achieving an urgent energy transition away from fossil fuels toward more renewable, ‘green’ energy. However, one of the issues that arises in the… Read More Conflicts Between International Climate Law and Investment Arbitration: A proposed exception to the full reparation standard without moving the goalposts

efila blogLeave a comment

Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases

By Hugo Cardona[1] Introduction The 10th Annual EFILA Lecture, held on 25 November 2024 at Queen Mary University of London, represented a significant milestone in EFILA’s series of successful academic events. It provided a forum for an insightful analysis of the evolving landscape of ICSID arbitration. The lecture was delivered by Martina Polasek, who assumed… Read More Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases

efila blogLeave a comment

Data as Protected Investment in the Background of Einarsson v. Canada

by Ioana Bratu and Arijit Sanyal[1] As explored in our article “Data as Protected Investment in the Background of Einarsson v. Canada” (IJAL 12:2 2024), on which this post is based: data is increasingly recognised as a significant asset in international investment arbitration. The pending Einarsson v. Canada case[2] addresses the question of whether seismic… Read More Data as Protected Investment in the Background of Einarsson v. Canada

efila blogLeave a comment

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

efila blogLeave a comment

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

efila blogLeave a comment

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?

efila blogLeave a comment

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

efila blogLeave a comment

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

efila blogLeave a comment