With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
Loukas Mistelis is a Professor of Transnational Law and Arbitration and Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London.
Nikos Lavranos, is Guest Professor for International Investment Law at the Free University Brussels, Brussels Diplomatic Academy; first Secretary General of EFILA and founder and owner of NL-Investmentconsulting.
List of Figures and Tables
Articles 1 The Investment Treaty Implications of Covid-19 Responses by States
Nikos Lavranos and Ahmed Mazlom
2 EU-China Comprehensive Agreement on Investment A Rebalancing of Investment Relations Ronan O’Reilly
3 Micula v RomaniaA Saga of Lasting Significance Lawrence Northmore-Ball, Jennifer Harvey, Amber Courtier
4 uncitral Working Group iii and Multilateral Investment Court Troubled Waters for EU Normative Power Ondřej Svoboda
5 Investment Protection Under the EU–UK Trade and Cooperation Agreement: Limited but Predictable?
Samuel Pape and Alice Zhou
6 Here Comes Doomsday … Or Does It? Implications of Achmea on Intra-EU Investment Arbitration in Light of Recent Case Law Marek Anderle and Andrej Leontiev
7 Revisiting the Concept of Legitimate Expectations in Renewable Energy Treaty Cases
8 Why Are Wrongful Acts Committed by Rebels during a Civil War Attributable to the State When They Are Successful? A Critical Analysis of Theory and Practice Patrick Dumberry
Essay Competition 2021 9 Article 26(7) of the Energy Charter Treaty An Analysis into Its Inadequacies and A Proposal for Potential Remedies – Winner of the Essay Competition 2021 Yash Shiralkar
Case-Notes 10 The ect, Achmea and Intra-EU Arbitration – Swedish Court Requests Preliminary Ruling from the cjeu
Anina Liebkind, Fredrik Norburg, Ossian Dittmer Hvarfner
11 Opinion of Advocate General Saugmandsgaard Øe in Anie and Others v. ItalyEnd of the Road for intra-eu ectArbitration? Auriane Negret
12 The Higher Regional Court of Frankfurt am Main Is the First European Court to Declare the Achmea Case a Landmark Decision with Significance for All intra-eu bit s
13 Raiffeisen Bank International AG v. Croatia, icsid Case No arb/17/34
Julien Chaisse and Arjun Solanki
Focus Section on efila 14 The Renewed Role of States in Investment Arbitration Report of the 6thefilaAnnual Conference 2021 Malcolm Robach and Velislava Hristova
15 How to Enforce the Achmea Judgment Tools for EU Member States before, during and after Investment Arbitration Proceedings Brought by an Investor from Another EU Member State
Tim Maxian Rusche
16 States’ and Investors’ Views on isds Reforms – Closer than One Would Expect
Giammarco Rao and Caroline Croft
Book Reviews 17 J Chaisse, L Choukroune and S Jusoh Handbook of International Investment Law and Policy
Z.J. Jennifer Lim
18 M Fitzmaurice and P Merkouris Treaties in Motion: The Evolution of Treaties from Formation to Termination
19 Gary B. Born International Commercial Arbitration