Activities in Q1 2020

The fate of intra-EU BITs and the new MIC On 30th January 2020 the 5th EFILA Annual Conference took place in London. 150 participants listened to keynote speaker Meg Kennear (SG of ICSID) and discussed alternatives to the intra-EU BITs, which are about to be terminated. The next day, I gave a guest lecture at…


End of Year Review: Entering the Dark Ages of Protectionism

This is the time when we look back and review this year. Despite all the lights and festive atmosphere surrounding Christmas Eve, there is only one conclusion: 2019 marks the entering of the Dark Ages of Protectoinism. Already in November 2016 I had entitled my guest lecture at Innsbruck University “The CETA drama: Entering the…


round-up of Q3 2019 & update


The past months and weeks have been extra-ordinarily busy. This is a short summary of the past activities and outlook to some upcoming events. In September & October I taught again my course “International Investment Law” at the Free University Brussels – Brussels Diplomatic Academy, with many very enthusiastic students. At the beginning of October…


update & round-up Q2 2019

Q2 of 2019 has been busy again and lots of developments have happened. I have commented on the long-awaited Opinion 1/17 of the Court of Justice of the EU in which it approved the CETA-style Investment Court System (ICS). Here is my blogpost for the Practical Arbitration blog and an earlier version in Borderlex. The…


Round up of Q1 2019 activities

The first quarter of 2019 has been very busy indeed. Here are some highlights. On 31 January EFILA hosted its 4th Annual Conference in London. More than 100 participants attended the conference. The keynote speaker was Colin Brown of DG Trade focusing on the Multilateral Investment Court (MIC). As Secretary General of EFILA I am…


A look back on an exciting year 2018 and an outlook for 2019

The past year has been very exciting and successful regarding all my various activities. In this blog I highlight some of the most important developments and achievements and will provide an outlook for 2019. NL-Investmentconsulting’s growing portfolio My legal advisory has been significantly growing over the past work, focusing mainly on intra-EU BIT and intra-EU…


Upcoming Arbitration events you should not miss!

On Thursday, 25 October 2018, Prof. George A. Bermann (Columbia University New York) will deliver the 4th EFILA Annual Lecture. The title is: “Recalibrating the European Union—International Arbitration Interface” Click here to register! On 18 October, the Dutch Arbitration Day will take place in Amsterdam. The theme of this year’s conference will be: Technology and…


Black Tuesday: the end of intra-EU BITs

The CJEU’s Achmea judgment has prompted me to write several blogposts. This one was published by Practical Law Arbitration Blog and provides a first – rather pessimistic – assessment of the CJEU’s judgment. Below I discuss the wider implications of the Achmea judgment, for example also for the ECT. In his Opinion, Advocate General Wathelet…


A new Micula-type case on the horizon

In November 2017, the European Commission (EC) issued its decision on the Spanish support measures for renewable energy sources. As will be recalled, Spain is currently facing about 30 investment-treaty disputes based on the Energy Charter Treaty (ECT) and various bilateral investment treaties (BITs) for the retroactive withdrawal of its support measures for the production…


Season’s Greetings

A look back at NL-Investmentconsulting’s year 2017 was a very busy year with a nice mix of different activities and achievements. On the arbitration side, I am glad to have been able to provide my legal expertise on the interaction between EU law and investment law in 2 ICSID disputes (including one Annulment procedure). On…


Sir Judge Christopher Greenwood delivered 3rd EFILA Annual Lecture


On 12 October 2017, ICJ Judge Sir Christopher Greenwood delivered the 3rd EFILA Annual Lecture in Brussels. The title of his Lecture was “MFN clauses – their real purpose and real effect”. As in previous years, the Lecture took place at the Press Club in Brussels. His excellent Lecture can be viewed at the YouTube…