Upcoming EFILA Opportunity: Young Practitioners and Scholars Essay Competition 2024

The Editorial Committee of the European Investment Law and Arbitration Review (EILAR) invites original, unpublished, high-quality submissions for the Young Practitioners and Scholars Essay Competition 2024.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

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ISDS Reform: Consensus on the Advisory Centre and First Roadblocks on Establishing a Standing Mechanism

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

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Climate Change Cases Before the European Court of Human Rights: Where Are We Now and Where Might We Be Heading?

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?

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Young EFILA in Conversation with… Stanislava Nedeva

Dr. Stanislava Nedeva is a Lecturer in Law at Cardiff University, after having previously taught at Reading University. Her main research interests and passion lie in international arbitration (commercial and investment treaty), investment law, energy (oil and gas) and EU. She is also a Young-OGEMID Rapporteur and a member of the R.E.A.L. Newsletter & Blog… Read More Young EFILA in Conversation with… Stanislava Nedeva

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The European Commission’s Model Clauses: Highlighting Human Resource Sustainability for EU Investment Treaties

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

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The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe

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

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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

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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

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Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

by Aleksander Kalisz[1] In the recent Infrastructure Services Luxembourg v Spain [2023] EWHC 1226 (Comm), the English High Court dismissed an application by Spain to set aside an order to register an ICSID arbitral award in favour of Infrastructure Services Luxembourg. In doing so, the High Court rejected Spain’s objection to the enforcement of intra-EU… Read More Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance

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