The new 2018 Dutch Model BIT text: An evolution or revolution? An event organised by the DAA Investment Arbitration Committee Date: Tuesday 21 May 2019 Location: DLA Piper, Amstelveenseweg 638, Amsterdam In October 2018, the Dutch Government approved a new Dutch Model BIT text, which replaces the 2004 text. The 2018 text has been developed on the basis of… Read More DAA Investment Arbitration Committee Meeting 2019
China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy International Economic Law Series Edited by Julien Chaisse This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China’s investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade… Read More New from Oxford University Press: China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy
by Avani Agarwal In November 2012, Gary Born proposed the idea of a Bilateral Arbitration Treaty (BAT), in a speech aptly titled “BIT’s, BAT’s and Buts” (available as an essay in the 13th Young Arbitration Review). He suggested developing a system of international treaties whereby countries decide that a particular set of international disputes (such… Read More Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?
Shilpa Singh Jaswant, LLM (Hamburg) The proposed investment court system by the European Commission aims to limit criticism revolved around Investor-State Dispute Settlement due to its lack of legitimacy, transparency and appellate mechanism. The investment regime under Comprehensive Economic and Trade Agreement with Canada (hereinafter “CETA”) and European Union-Viet Nam Free Trade Agreement (hereinafter “EUVFTA”)… Read More A New And Improved Investment Protection Regime: Truth Or Myth!
by Adam Marios Paschalidis (NautaDutilh) Recalibrating the European Union – International Arbitration Interface Introduction The 2018 Annual EFILA Lecture by Prof. George A. Bermann (Columbia University School of Law), continues the successful Annual EFILA Lectures series, which were previously delivered by Sophie Nappert (2015), Johnny Veeder (2016) and Sir Christopher Greenwood (2017). Before giving the… Read More Report on the 4th Annual EFILA Lecture delivered by Prof. George A. Bermann (Columbia University New York, School of Law), Brussels 25 October 2018
Priya Garg* A plethora of cases have been filed before investment tribunals regarding the issue of interaction or conflict between human rights obligations of investor or State and his or its, as the case may be, duties under international investment law (hereinafter, IIL).[1] The recent case of Urbaser v. Argentina only joins this already long… Read More A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
by Alexandros Catalin Bakos, LL.M I. Introduction: In recent years, a series of debates have emerged in regard to the relationship between the EU State Aid law[1], on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party)[2], on the other hand. Those debates manifest themselves at… Read More The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
Benedetta Cappiello* It seems that nowadays the debate on fragmentation of international law is not yet ready to reach a prompt solution. On the contrary, every and each occasion, even at the jurisprudential level, seems a good one to offer some new reflections, in brief or at length, on the reason why international… Read More Profit vs. Sustainability: How to pursue a sustainable investment
Given the present debate – on both sides of the Atlantic (and beyond) – surrounding the future of ISDS and bilateral investment treaties, the EFILA Blog editorial board believes that a veritable dialogue must take place, allowing all arguments to be heard and all diverging positions to be defended. Discussing the status of an international regime… Read More Call for Contributions – EFILA Blog
by Prof. Nikos Lavranos, Secretary-General of EFILA On the instigation of the EU, the UNCITRAL Commission adopted a broad mandate for a Working Group to: identify and consider concerns regarding ISDS; consider whether reforms are desirable in light of the identified concerns; if the Working Group were to conclude that reform is desirable, to… Read More The first steps towards a Multilateral Investment Court (MIC)