by Dr. Richard Happ, LUTHER It has been argued that ISDS would not be necessary between developed States. ISDS would grant foreign investors additional rights and treat them better than domestic investors. That is – at least for Germany – not correct. And that is not due to an extraordinary high political risk, but due… Read More Why Investors in Germany Need Investment Protection
by Orçun Çetinkaya, Moroğlu Arseven Following the downing of a Russian jet by Turkey on 24 November 2015, Russian-Turkey relations have entered into a new phase. Russia imposed a series of economic measures and sanctions against Turkey. Turkish individuals and companies who invested in Russia where they spent decades have been negatively affected from those measures. There… Read More Russian Sanctions against Turkey and BIT Claims
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
EFILA is glad to announce that Ms. Sophie Nappert’s EFILA Lecture “Escaping from Freedom? The Dilemma of An Improved ISDS Mechanism” has been shortlisted for the 2016 GAR Awards for the best speech/lecture. In the coming period, the voting process will begin. We would be grateful if Ms. Nappert’s outstanding lecture would receive your vote.
by Emma Spiteri-Gonzi* Investor-State Dispute Settlement (ISDS) is a procedural mechanism provided for in international investment agreements such as bilateral investment treaties (BITs) or multi-lateral investment treaties (MITs). ISDS allows an investor from one country to institute proceedings against the country where their investments where made- the Host State. So, has this novelty been overlooked… Read More ISDS Novelty Overlooked Or Novelty Outdated?
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)
by Duarte G. Henriques, BCH Advocados* In the context of the discussions surrounding the Transatlantic Trade and Investment Partnership (TTIP), much criticism has been raised against ISDS (Investor-State Dispute Settlement). We know now that the European Parliament echoed public complaints and voted against the inclusion of an ISDS mechanism in the TTIP. It further recommended to… Read More Transnational Court of Investment Arbitration
Pratyush Nath Upreti*, Upreti & Associates In my previous contribution to the EFILA blog, titled Right to Regulation & Investment Court System: Alternative to ISDS?, I analyzed the debate raised by the ISDS provision in TTIP and how the proposed Investment Court may not be able to solve the issues raised by ISDS. It is important… Read More Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option
by Pratyush Nath Upreti, Upreti & Associates* Intellectual Property is sexy! Its romantic endeavor with other branches of law makes it appealing for IP scholars. This romance can be seen through the lens of the global Intellectual property regime. In today’s industrialized world, the landscape of the intellectual property is changing. Mostly, all forms of… Read More Right to Regulation & Investment Court System: Alternative to ISDS? (Part I)