European Investment Law and Arbitration Review

Volume 6 (2021), Published under the auspices of Queen Mary University of London and EFILA


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.

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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


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 Romania A 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
  Lucian Ilie

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

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. Italy End of the Road for intra-eu ect Arbitration?
  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
  Philipp Stompfe

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 6th efila Annual 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
  Nelson Goh

19 Gary B. Born International Commercial Arbitration
  Nikos Lavranos

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