INSOL Europe’s Post

Join us in Vienna, on 23 September 2024, for another 𝐈𝐓𝐀 𝐑𝐨𝐮𝐧𝐝𝐭𝐚𝐛𝐥𝐞 𝐚𝐭 UNCITRAL: United Nations Commission on International Trade Law 𝐖𝐨𝐫𝐤𝐢𝐧𝐠 𝐆𝐫𝐨𝐮𝐩 𝐈𝐈𝐈: 𝐃𝐞𝐧𝐲𝐢𝐧𝐠 𝐭𝐡𝐞 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬 𝐨𝐟 𝐈𝐧𝐯𝐞𝐬𝐭𝐦𝐞𝐧𝐭 𝐓𝐫𝐞𝐚𝐭𝐢𝐞𝐬: 𝐏𝐫𝐨𝐩𝐨𝐬𝐚𝐥𝐬 𝐚𝐭 𝐔𝐍𝐂𝐈𝐓𝐑𝐀𝐋 𝐖𝐨𝐫𝐤𝐢𝐧𝐠 𝐆𝐫𝐨𝐮𝐩 𝐈𝐈𝐈. I look forward to moderating an excellent discussion with Florian Haugeneder (KNOETZL), Lorena Fatás Pérez (𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐃𝐞𝐩𝐚𝐫𝐭𝐦𝐞𝐧𝐭, 𝐒𝐭𝐚𝐭𝐞'𝐬 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐎𝐟𝐟𝐢𝐜𝐞, 𝐊𝐢𝐧𝐠𝐝𝐨𝐦 𝐨𝐟 𝐒𝐩𝐚𝐢𝐧), Prof August Reinisch (University of Vienna), and Tom Sikora (ExxonMobil) as well as an introduction from Anna Joubin-Bret, Secretary of UNCITRAL: United Nations Commission on International Trade Law and Jurgita Petkutė, KNOETZL. 💡The Roundtable will focus on Draft Provision 17 of the UNCITRAL paper A/CN.9/WG.III/WP.244 which addresses the ‘denial of benefits’ clause, allowing States to deny the protection offered to investors or investments that they did not intend to protect. While paragraph 1 of the Draft Provision is based on similar provisions in recent investment treaties, paragraph 2 generously extends the scope of the ‘denial of benefits’ clause to cover situations of third-party funding, unlawful investments, and investments resulting from, or involving, corruption and other illegal actions. ⏩ https://lnkd.in/e9K7K_cN 📌KNOETZL, Herrengasse 1, A-1010, Vienna, Austria 🔗 Registrations: https://lnkd.in/eWuxrSaK #arbitration #ISDS #UNCITRAL #denialofbenefits #BITs #treaty

We are excited to invite those who happen to be in Vienna to another ITA Roundtable at UNCITRAL: United Nations Commission on International Trade Law Working Group III : "𝐃𝐞𝐧𝐲𝐢𝐧𝐠 𝐭𝐡𝐞 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬 𝐨𝐟 𝐈𝐧𝐯𝐞𝐬𝐭𝐦𝐞𝐧𝐭 𝐓𝐫𝐞𝐚𝐭𝐢𝐞𝐬: 𝐏𝐫𝐨𝐩𝐨𝐬𝐚𝐥𝐬 𝐚𝐭 𝐔𝐍𝐂𝐈𝐓𝐑𝐀𝐋 𝐖𝐨𝐫𝐤𝐢𝐧𝐠 𝐆𝐫𝐨𝐮𝐩 𝐈𝐈𝐈." Mark your calendars for Monday, September 23. This evening, hosted by KNOETZL, will feature a discussion is on Draft Provision 17 of the UNCITRAL paper A/CN.9/WG.III/WP.244 which addresses the ‘denial of benefits’ clause, allowing States to deny the protection offered to investors or investments that they did not intend to protect. While paragraph 1 of the Draft Provision is based on similar provisions in recent investment treaties, paragraph 2 generously extends the scope of the ‘denial of benefits’ clause to cover situations of third-party funding, unlawful investments, and investments resulting from, or involving, corruption and other illegal actions. Professor Dr Crina Baltag, FCIArb will serve as moderator along with panel participation from Florian Haugeneder (KNOETZL), Lorena Fatás Pérez (Ministerio de la Presidencia, Justicia y Relaciones con las Cortes), Professor Dr. August Reinisch (University of Vienna), and Tom Sikora (ExxonMobil) as well as an introduction from Anna Joubin-Bret and Jurgita Petkutė. Click here for more information and to register: https://lnkd.in/g5Gb-9Kh

Lexology In-Depth: International Trade Law, edition 10 edited by Folkert Graafsma and Joris Cornelis of VVGB Advocaten / Avocats, is now available on Lexology: https://lnkd.in/e-TjNRyh In-Depth: International Trade Law provides an incisive overview of the current state of global trade law and practice. With a focus on recent developments, it analyses the key features of the national and international legal frameworks governing trade, including trade remedies; investigation and review procedures; applicable treaties; trade disputes; and an outlook for future developments.

Legal Issues of Economic Integration is a journal that gives up-to-date commentary and analysis on global economic integration developments with thought provoking articles, case law and book reviews This issue contains the following articles: 💰 'Investment Protection in an Integrated Europe – The Non-Enforcement of Intra-EU Investment Arbitration Awards as the Ultimate Test Case for Strasbourg’s Deference Doctrines' by Johannes Hendrik Fahner 💻 'Digital Trade in the EU–New Zealand Free Trade Agreement: An Appraisal' by Mira Burri, Kholofelo Kugler, & Anna Dorothea Ker 📚 'The EU’s Anti-coercion Instrument: A Return of Unlawful Unilateral Trade Countermeasures in Disguise?' by Kornel Olsthoorn 🗺 'Why Do (High-Income) Countries Wish to Green Their Trade Agreements?' by Tamara Grigoras Access the essential reading for academics, practitioners, and officials from governments and organisations concerned with #European and international economic law #developments #competition #internationallaw #eucourt

I am honored to moderate the 𝐈𝐓𝐀 𝐑𝐨𝐮𝐧𝐝𝐭𝐚𝐛𝐥𝐞 at UNCITRAL: United Nations Commission on International Trade Law Working Group III on 𝐃𝐚𝐦𝐚𝐠𝐞𝐬 𝐚𝐧𝐝 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐈𝐧𝐯𝐞𝐬𝐭𝐨𝐫-𝐒𝐭𝐚𝐭𝐞 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧, with James Castello (King & Spalding), Alexander Demuth (Secretariat), Florian Haugeneder (KNOETZL), Prof. Dr. Marboe Irmgard (University of Vienna), Peri Mikayelyan (Government of Armenia), and Tom Sikora (ExxonMobil). The welcome remarks will be delivered by Anna Joubin-Bret, Secretary General, UNCITRAL: United Nations Commission on International Trade Law and Patrizia Netal, partner, KNOETZL. ✅The UNCITRAL Working Group III continues the consultations on the UNCITRAL paper A/CN.9/WG.III/WP.231 on 𝐃𝐫𝐚𝐟𝐭 𝐩𝐫𝐨𝐯𝐢𝐬𝐢𝐨𝐧𝐬 𝐨𝐧 𝐩𝐫𝐨𝐜𝐞𝐝𝐮𝐫𝐚𝐥 𝐚𝐧𝐝 𝐜𝐫𝐨𝐬𝐬-𝐜𝐮𝐭𝐭𝐢𝐧𝐠 𝐢𝐬𝐬𝐮𝐞𝐬. ✅The focus of the roundtable discussion is on damages and compensation, specifically addressing 𝗗𝗿𝗮𝗳𝘁 𝗽𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻 𝟮𝟯: 𝗔𝘀𝘀𝗲𝘀𝘀𝗺𝗲𝗻𝘁 𝗼𝗳 𝗱𝗮𝗺𝗮𝗴𝗲𝘀 𝗮𝗻𝗱 𝗰𝗼𝗺𝗽𝗲𝗻𝘀𝗮𝘁𝗶𝗼𝗻, and 𝗗𝗿𝗮𝗳𝘁 𝗽𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻 𝟭𝟬: 𝗦𝗵𝗮𝗿𝗲𝗵𝗼𝗹𝗱𝗲𝗿 𝗰𝗹𝗮𝗶𝗺𝘀 of the UNCITRAL paper A/CN.9/WG.III/WP.231. The roundtable discussion will address the types of the compensation in investor-State arbitrations, and, in particular, the calculation of monetary damages; issues of contributory fault of investors; shareholders’ reflective loss; and the role of quantum expert in investor-State arbitrations.   🔗https://lnkd.in/eed73fJ2   📍Hosted by KNOETZL, Herrengasse 1, A-1010, Vienna, Austria 📅 22 January 2024, 17:45 #arbitration #investmentarbitration #ICSID #UNCITRAL

Explore the latest books in the Studies in International Trade and Investment Law series https://bit.ly/3OPeNNj #InternationalTradeLaw #InternationalInvestmentLaw

Exciting developments ahead as the next session of UNCITRAL: United Nations Commission on International Trade Law WG III focused on ISDS reform commences this Monday in New York. As always, its schedule is heavily packed: https://lnkd.in/d6kMXRTi Negotiations will aim to finalize draft provisions for establishing an Advisory Centre designed to provide training, support and assistance in international investment dispute resolution. Another crucial focus of the session is a standing mechanism for the resolution of international investment disputes. With multiple structural possibilities on the table, each proposal calls for in-depth legal and policy analysis to consider, for instance, whether it is going to be a two-tier mechanism (a standing first-tier tribunal + appeal) or just a standing appeal mechanism. The International and Comparative Law Research Center (ICLRC) regularly participates in the work of WG III as an observer and assists it by means of providing its expertise. Moreover, the ongoing research in the ICLRC Investment Law and Arbitration Lab, which I manage, is closely aligned with the themes of UNCITRAL WG III. For insights into the work and recent publications, visit our Lab’s page here: https://lnkd.in/dK36GNcb Looking forward to a dynamic and productive session in New York, and meeting you there in-person!

Competition Outlook 2024 – Stay ahead in the dynamic world of #Antitrust and #Competition law with our in-depth analysis and forward-looking perspectives. In our latest #Competition Outlook, Noerr's Antitrust & Competition practice group is excited to bring you a comprehensive summary of the pivotal #antitrust, #competition, #mergercontrol and #stateaid developments of 2023, along with insights into which trends are anticipated in 2024. Reflecting on the significant case law from last year and the ongoing legislative changes within the EU and Germany, we delve into the key issues shaping the antitrust landscape. Our dedicated articles cover a range of topics, including the stricter enforcement of European merger control, newest developments in antitrust damages cases as well as the newest developments in European and German digital competition law. Additionally, we explore the evolving landscape of investment control and the emergence of the Foreign Subsidies Regulation, along with providing the latest information about European State aid law. Our team of experts, including Fabian Badtke, Alexander BIRNSTIEL, Sarah Constanze Mia Blazek, Rusandra Sandu, Henner Schlaefke, Jens Peter Schmidt, Pascal Schumacher, Iulian Sorescu, Peter Stauber, Till Steinvorth, Kathrin Westermann, Metzlaff Karsten, Luiza Bedros, Markus Brösamle, Fabian Hübener, Dr. Lorenz Jarass, Robert Pahlen, Szilvia Andriska, Jan-Hendrik Fitzl, Lucas Gasser, Dr. Jochen Christoph Hegener, Johanna Krauskopf, LL.M., Sebastian Wrobel, Sven Betzendörfer, Emilia Etz, Jens Goblirsch, Paula Link, Dr. Bastian Müller, Lucie Schultz, Annika-Kristin Stamer, LL.M., Dr. Miriam Swamy-von Zastrow and Sebastian Waldmann, have contributed their insights and analyses to provide you with a thorough understanding of these and other complex topics. Download Competition Outlook 2024: English: https://lnkd.in/dHpMiNiw German: https://lnkd.in/deigWX8P

The CISG promotes legal neutrality in international sales, but the U.S. and China limited its scope with Article 95 reservations. China’s moves suggest they might withdraw this reservation soon. The U.S. might follow to support uniform international trade laws. #CISG #TradeLaw #InternationalTrade #InternationalLaw