We are fast approaching summer holidays and whether you will be relaxing under a beach umbrella or ‘enjoying’ the air conditioning in the office, here is a quick reading to keep you up to speed on the recent developments in international investment law, public policy and ISDS and to suggest for you some readings and… Read More Quarterly Review: April – June 2024 The post Quarterly Review: April – June 2024 first appeared on EFILA Blog ..read more

By Guofang Xue[1] Introduction While the EU and its Member States have decided to withdraw from the Energy Charter Treaty (“ECT”), citing the ECT’s incompatibility with green energy goals, Switzerland remains mindful of such a decision’s potential impact on Swiss energy companies and investment funds. In a landmark judgment dated 3 April 2024 (Case No.… Read More The Swiss Supreme Court weighs in on Achmea and Komstroy The post The Swiss Supreme Court weighs in on Achmea and Komstroy first appeared on EFILA Blog ..read more

by Prof. Nikos Lavranos[1] In June 2022, an agreement “in principle” was achieved among all Energy Charter Treaty (ECT) contracting parties (including the European Union (EU) and all of its Member States) on the modernized ECT text. Withdrawal of the EU and EU Member States from the ECT Despite this agreement “in principle” several EU… Read More Saving the Modernized Energy Charter Treaty Helps Save the Climate The post Saving the Modernized Energy Charter Treaty Helps Save the Climate first appeared on EFILA Blog ..read more

The Editorial Committee of the European Investment Law and Arbitration Review (EILAR) invites original, unpublished, high-quality submissions for the Young Practitioners and Scholars Essay Competition 2024. Submissions, should be between 5,000 and 12,000 words, inclusive of footnotes. Co-authored submissions are permissible. The essay competition is open to practitioners, scholars, and students from around the world. To be eligible, authors… Read More Upcoming EFILA Opportunity: Young Practitioners and Scholars Essay Competition 2024 The post Upcoming EFILA Opportunity: You ..read more

By Cristian Gallorini[1] The 48th session of the UNCITRAL Working Group III (Investor State Arbitration) took place in New York from 1 to 5 April 2024. The discussion focused on the draft statute of an advisory centre on international investment dispute resolution (A/CN.9/WG.III/WP.238), and the draft statute of a standing mechanism for the resolution of… Read More ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism The post ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism first appeared ..read more

By Stephanie Collins[1] and Alexa Romanelli[2] Climate change litigation has a new frontier: proceedings before international courts that are grounded in human rights violations. This blog post focuses on three cases pending before the European Court of Human Rights (“ECtHR” or “the Court”), the rulings of which are expected on 9 April 2024: (i) KlimaSeniorinnen… Read More Climate Change Cases Before the European Court of Human Rights: Where Are We Now and Where Might We Be Heading? The post Climate Change Cases Before the European Court of Human Rights: Where Are We Now and Where Might We Be ..read more

The first quarter of 2024 proved full of developments and surprises in the realm of international investment law and arbitration. Our editorial board has collected some of the significant highlights for your consideration in this Quarterly Review. Case Law Updates At the start of the year, we have learnt that one of the most contentious… Read More Quarterly Review: January – March 2024 The post Quarterly Review: January – March 2024 first appeared on EFILA Blog ..read more

Mian Sami ud-Din is a Partner at Bhandari Naqvi Riaz and an Advocate of the Supreme Court of Pakistan. He has acted as counsel in arbitration matters under the rules of most major institutions. His experience also includes cross-border litigation and matters involving Public International Law. He is a Fellow of the Chartered Institute of… Read More Young EFILA in Conversation with… Mian Sami ud-Din The post Young EFILA in Conversation with… Mian Sami ud-Din first appeared on EFILA Blog ..read more

by Jiawen Wang[1] In September 2023, the European Commission (“Commission”) published a non-paper on model clauses for the future negotiation or re-negotiation of bilateral investment treaties (“BITs”) between EU Member States and third countries. This non-paper, presenting the model clauses, may reflect the Commission’s broader approach to investment protection and the best practice for EU Member States, although it… Read More The European Commission’s Model Clauses: Highlighting Human Resource Sustainability for EU Investment Treaties The post The European Commission’s Mo ..read more

by Ioana Maria Bratu[1] On 19 January 2024 the High Court of Justice of England and Wales (EWHC or the English court) dismissed Zimbabwe’s state immunity argument to set aside the 2015 $125m ICSID arbitration award in Border Timbers Limited & Anor v Republic of Zimbabwe ([2024] EWHC 58 (Comm)). While the Court ultimately sided… Read More The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe The post The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timber ..read more