Avoiding ISDS: National Contact Points for Investor Guidelines and Mediation

by Tabe van Hoolwerff*  Imagine, you are an EU trade minister and you want to attract foreign investors by offering a stable investment climate. At the same time, you also want to avoid potential claims arising from government measures that seek to protect the environment or labor standards – a fear your non-business stakeholders have been… Read More Avoiding ISDS: National Contact Points for Investor Guidelines and Mediation

Russian Sanctions against Turkey and BIT Claims

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

The Lack of Any Legal Conflict Between EU Law and Intra-EU BITs/ECT Disputes

 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

GAR Awards 2016: The EFILA Lecture Has Been Shortlisted

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.

ISDS Novelty Overlooked Or Novelty Outdated?

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 So, has this novelty been overlooked… Read More ISDS Novelty Overlooked Or Novelty Outdated?

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)

Transnational Court of Investment Arbitration

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

Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option 

 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