I have written a new blogpost focusing on an interesting dispute between two NGOs. This dispute using the Swiss NCP within the context of the OECD Guidelines illustrates that the NGOs wish to have other standards applied to them than for foreign investors. It is another illustration of the dubious hypocritical position of the anti-ISDS/anti-trade…
EFILA just submitted to the European Commission its position paper regarding the public consultation organized by the European Commission on what it calls “a multilateral reform of investment dispute resolution”. Similar to the previous public consultation on the ISDS in TTIP, the EC has organized this public consultation to obtain the views of stakeholders. Yet again,…
Prime Minister will soon trigger the art. 50 procedure. More analysis to come …
Last Monday (6 March) the OECD Global Forum on International Investment took place in Paris. The focus of the meeting was to develop a new, positive narrative regarding the benefits of Foreign Direct Investments (FDI), investment treaties and arbitration. The key buzzwords were: substainable, inclusive, good investments, which benefit everybody. While it is to be applauded that…
In recognition of my academic and practice experience, I have been appointed as Guest Professor International Investment Law at the Free University of Brussels, more specifically, the Brussels Diplomatic Academy. This is a great opportunity to transfer my knowledge and expertise in investment law to future diplomats, civil servants, policy makers, lawyers and academics coming from…
In my recently published comment in Borderlex, I assess the current situation regarding the proposal of the European Commission for a a multilateral investment court (MIC). This assessment is based on the stakeholder meeting, which took place on 27 Feb in Brussels. My conclusion is that lot’s of important issues remain unclear, for example, about…
In my newest blogpost for the EFILAblog I discuss the broader context of the newest statistics on investment treaty arbitration disputes published by UNCTAD. It is interesting to note that European States are very often Respondent and that the ECT is the most frequently used treaty. One conclusion is that the Rule of Law track record…
I am pleased to have been appointed as Mediator for the Energy Community. The Energy Community’s mission is to extend the EU internal energy market to South East Europe and beyond on the basis of a legally binding framework. The principal instrument to achieve this aim is the adoption of the EU’s legislation, the so-called “acquis…
My guest lecture on the wider implications of the CETA-drama, which I delivered last November at the Innsbruck University, has just been published in the newest issue of Int’l Lis – Corriere trimestrale della litigation internationale. Click on the link to download the PDF file. 9382966_INTL_00134992_2016_03-04_0111 In this lecture, I explain that the CETA-drama, in particular,…
In this blogpost for Practical Law Arbitration, I discuss the obstacles and opportunities for the UK to negotiate trade deals. WIth the entering into force of the Lisbon Treaty in 2009, the EU Member States have – to a large extent – lost their competence to freely negotiate trade and investment agreements. The exact scope…
Now that the UK Government published its white paper on Brexit, many complex legal issues arise as to the trade relationship with the EU, but also with third states, such as the US, China. What kind of FTAs/BITs will the UK be able to conclude and with which countries? What kind of dispute settlement mechanisms will…
In this comment for Borderlex I analyze a development, which has not yet been noticed very much, namely, the fact that Trump has strange bedfellows from the left-wing anti-trade groups. Since US President Trump took office he has completely reversed the US trade policy from multilateralism to protectionism. He has pulled out the US from TPP…
