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

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 The post Germany’s Highest Civil Court Reinforces the Distinction Between Intra-EU and Extra-EU Arbitration first ..read more

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 The post A Metamorphosis of Mindset: How International Investment Arbitrati ..read more

The last quarter of 2023 was as eventful as the rest of the year which has witnessed the “meltdown” of the Energy Charter Treaty, the adoption of the Code of Conduct for Arbitrators and the reform of the arbitration acts by the UK, Japan, Nigeria, and Luxembourg. From the Australian and UK courts granting enforcement… Read More Quarterly Review: October – December 2023 The post Quarterly Review: October – December 2023 first appeared on EFILA Blog ..read more

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 The post Intra-EU Objections and Enforcement of ICSID Awards: English High Court Takes a Pro-arbitration Stance first appeared on ..read more