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Nikos Lavranos (HHP Chambers)
Some Critical Observations on the EU’s Foreign Investment Screening Proposal
January 02, 2018

The EU Foreign Investment Screening Proposal Last September, European Commission President Juncker presented a proposal for a European foreign investment screening regulation – apparently following a…

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Sebastian Lukic (Schoenherr), Anne-Karin Grill for Schoenherr
Towards a Post-Arbitration Age: The European Commission's Fast-Track Reform of Investment Dispute Settlement
December 11, 2017

The European Commission ("EC") has recently taken another step in its efforts to replace the traditional investor-state-dispute-settlement ("ISDS") mechanism which underlies the approximately 1,400…

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Elżbieta Buczkowska, Patrycja Treder (K&L Gates LLP), Wojciech Sadowski (Queritius)
The House Always Wins Remarks on AG Wathelet’s Opinion in the C-284/16 Achmea Case
November 22, 2017

The Opinion delivered on 19 September 2017 by Advocate General Wathelet in the case C-284/16 Achmea has already been widely commented on in the international arbitration community. The views are…

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Jonathan Schwarz (Temple Tax Chambers; King’s College London)
The EU Sets the Standard for International Tax Dispute Resolution
November 11, 2017

Adoption of the EU Council Directive on Tax Dispute Resolution Mechanisms in the European Union on 10 October 2017 is a milestone in international tax dispute resolution. The Directive offers a…

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Ivaylo Dimitrov (Fieldfisher)
Digesting the AG Wathelet Opinion in Case C-284/16 Slowakische Republik v Achmea BV. Is it A Trap?
October 07, 2017

I. Introduction On 19 September 2017 the Advocate General (AG) to the Court of Justice to the European Union (CJEU) Melchior Wathelet delivered his long-awaited Opinion in Case C-284/16 Slowakische…

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Eric Leikin (Freshfields Bruckhaus Deringer LLP), Martina Magnarelli (Seven Summits Arbitration) for Young ICCA
The Future of Intra-EU ECT Claims in the Face of EC Opposition: Boom or Bust?
September 15, 2017

Reliance on the investor-state dispute resolution (ISDS) mechanism of the Energy Charter Treaty (ECT) is booming, with at least ten new cases registered in the past year alone. Notably, nine of…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
Can Foreign Investors Sue the UK for Brexit?
July 06, 2017

On May 30, 2017, Volterra Fietta and the University of Notre Dame hosted a debate of whether foreign investors can sue the United Kingdom for a hard Brexit. The recorded video is now available for…

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Nikos Lavranos (HHP Chambers)
The CJEU’s Opinion on EU-SING FTA: More Confusion than Clarity
May 30, 2017

On his last day in office, former EU Trade Commissioner De Gucht sent the request for an opinion from the Court of Justice of the EU (CJEU) aiming to get a seal of approval from the CJEU that the EU-…

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Kate Parlett (Twenty Essex)
Trade and Investment Agreements in Disputed Territories: The case of Western Sahara
April 04, 2017

The long-standing dispute over the territory of Western Sahara has been the subject of a treaty, an advisory opinion of the International Court of Justice, an armed conflict, a United Nations-…

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Patricia Živković (University of Aberdeen)
Antitrust Arbitration in Europe (Part I): Improving Private Enforcement by Removing Procedural and Evidential Barriers in Arbitration
March 17, 2017

The Member States of the European Union (“EU”) had a task that a very few has managed to complete: to implement the Directive 2014/104/EU of the European Parliament and of the Council of 26 November…

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