Publications

in NOVA Dispute Resolution Forum Blog

“Online justice” is considerably untapped and lagging behind all types of administrative, civil and commercial services, which have been available online since the mid-1990s. This article presents an overview of the various aspects involved in settling disputes online and some of the reasons that have prevented online dispute resolution (ODR) from succeeding to…

On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-109/20 (“Opinion“). The Advocate General dealt with the question whether an EU Member State can implicitly agree to investment arbitration…

On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-741/19 (“Opinion“) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty…

The article discusses the recent Opinion of the Advocate General issued in the proceedings before the Court of Justice of the EU under case file no. C-741/19. The case may have implications for investment arbitration proceedings stemming from the Energy Charter Treaty within the EU.

Countless businesses are experiencing the detrimental financial effects of COVID-19. According to forecasts, insolvency rates will reach new record highs and in some cases even exceed those of the 2009 financial crisis. A large proportion of such disputes could ultimately be subject to arbitration, as this is one of the…

This yearly digest provides analysis of court judgments relevant to interactions of legal orders, namely dialogue between state judges and arbitrators.

The Pan-African Investment Code (PAIC), as the first African model investment treaty, has received harsh criticism from investment experts who have labelled the instrument as 'too protectionist'. African experts drafted the PAIC to promote sustainable development by including non-traditional and ground-breaking features that concern Africa, making the model treaty a…

in Arbitraje y Nuevas Tecnologias, Themis, 377-396

in Arbitraje y Nuevas Tecnologias, Themis, 377-396

Extract

Bilateral investment treaties (BITs) containing traditional clauses such as Most Favorite Nation (MFN), National Treatment (NT), and Free and Equitable Treatment (FET) have been used as old tools to protect Foreign Direct Investments (FDI) throughout the African continent. African states have formed different economic blocks in order to facilitate…

The post argues that in the absence of a clear articulation of investment protection standards, the Japan-UK CEPA can only serve as an accord de principe, as it mirrors the characteristics of a framework agreement. Further, by examining the UK’s and Japan’s current investment policies, this blog considers possibilities…

The General Court of the European Union, in case no. T-93/18 between the International Skating Union and the European Commission had to address the question whether the arbitration rules of ISU conferring exclusive jurisdiction on the Court of Arbitration for Sports in Lausanne with respect to appeals from ineligibility decisions…

The article discusses the Judgment of EU's General Court of 16 December 2020 in the case file no. T 93/18. The Court had to address the question whether the arbitration rules of the International Skating Union (“ISU“) conferring exclusive jurisdiction on the Court of Arbitration for Sports in…