Investment Arbitration

David Khachvani (Lévy Kaufmann-Kohler)

Can Pharmaceutical Companies Counter the Waiver of their Patents for COVID-19 Vaccines through Investment Treaty Arbitration?

May 26, 2021

Since the COVID-19 outbreak, pharmaceutical companies have engaged in a highly competitive and risky vaccine race. In less than 10 months from the declaration of the global pandemic, the vaccine…

Julian Scheu, Petyo Nikolov (International Investment Law Centre Cologne)

AG Szpunar’s Opinion in Case C-741/19: Preparing the End of Intra-EU Investment Arbitration Under the Energy Charter Treaty?

May 25, 2021

The investor-State dispute settlement (ISDS) mechanism provided by Art. 26 (2) (c) of the Energy Charter Treaty (ECT) is highly relevant to the protection of intra-EU investments. In its widely…

Robert Basedow (European Institute, London School of Economics)

Moldova v. Komstroy and the Future of Intra-EU Investment Arbitration under the Energy Charter Treaty: What Does the ECT’s Negotiating History Tell Us?

April 24, 2021

Intra-EU investment agreements and arbitration have been a highly divisive issue in European policy circles for decades. The European Commission has been forcefully pushing for the termination of…

Maciej Bukowski (Ministry of Climate and Environment, Republic of Poland)

The EU’s Bittersweet Proposal to Redefine ‘economic activity’ under the Energy Charter Treaty: Expected Implications for International Arbitration

March 21, 2021

Following a highly-publicized diplomatic battle among the EU Member States (MS), the EU revealed in mid-February its proposal to amend the ECT’s definition of the “Economic Activity in the Energy…

Naimeh Masumy, Munia El Harti Alonso (Concepción Global, PLLC, Universidad Complutense de Madrid)

The UK-Japan CEPA Investment Protection Standards: A Glass Half Full?

February 25, 2021

On 23 October 2020, Japan and the United Kingdom (UK) signed a Comprehensive Economic Partnership Agreement (CEPA) with the agreement coming into force on 1 January 2021. This signifies a historic…

Daniela Páez-Salgado (Herbert Smith Freehills Kramer LLP)

A Battle on Two Fronts: Vattenfall v. Federal Republic of Germany

February 18, 2021

Swedish state-owned power energy company Vattenfall operated two nuclear power plants located in Brunsbüttel and Krümmel, Germany. Vattenfall owns a 50% interest in the Krümmel plant, and a 66.6%…

Zena Prodromou (Quinn Emanuel Urquhart & Sullivan LLP/ Katholieke Universiteit Leuven) for Young ICCA

The Public Policy Exception under Article V(2)(b) of the New York Convention in the Time of Covid-19

February 17, 2021

Exceptional times call for exceptional measures. We have all been experiencing a global pandemic for almost a year now. In an era where the legal exception tends to become the mainstream rule, one is…

Margie-Lys Jaime

Could an Appellate Review Mechanism “Fix” the ISDS System?

February 11, 2021

Introduction In the past few years, the world has been following the Investor-State Dispute Settlement (ISDS) reform debate under the aegis of the United Nations Commission on International Trade Law…

Pichrotanak Bunthan

Arbitrators as Flamingos of Many Colors

February 9, 2021

This post summarizes the International Court of Justice President Joan Donoghue’s discussion, on Delos Dispute Resolution's TagTime series, with Dr. Kabir Duggal and Amanda Lee regarding cognitive…