We are delighted to present the first issue of the tenth volume of the European Investment Law and Arbitration Review (EILA Review). The developments in the cross-sections of European law, international investment law, and domestic law within and outside the EU continue at a breathtaking pace. In this issue, we have covered the following important recent developments. First, the Chronicle 2025-1, written by Nikos Lavranos (one of the Editors-in-Chief of the Review), highlights several relevant developments ranging from the continued fallout of the termination of intra-EU BITs to the adoption of the revised English Arbitration Act. Second, in his article, Johannes Tropper examines the implications of the Komstroy declarations and the inter-se treaty concluded by the EU Member States, with the aim of terminating the effect of the Energy Charter Treaty (ECT) on intra-EU ECT disputes. Third, Arman Melikyan and Lena Hornkohl discuss in their article whether, and if so, to what extent, third-party interventions in investment treaty arbitration proceedings can advance sustainability aspects. The case note section starts with a note by Adhiraj Lath, who analyses the first two ICSID arbitral tribunals’ decisions (ESF v. Spain and Sapec v. Spain), which for the first time, have accepted the intra-EU law objection, thus declining their jurisdiction in intra-EU ECT disputes. On the other side of the spectrum, Alice Meissner’s case note looks at the Strabag v. Germany award, which, for the very first time, found Germany in breach of its ECT obligations. The third case note by Anna Salomonsson and Vladimir Poshivalov examines the Svea’s Court of Appeals’ request for a preliminary ruling from the CJEU concerning the impact of EU public policy and EU sanctions in the NV Reibel v. JSC Stankoimport case. The EFILA focus section features the Report on the tenth EFILA Annual Lecture, which was delivered by Martina Polasek (Secretary General of ICSID) in November 2024 in London. The Lecture reflects on the past and future significance of ICSID’s first 1,000 cases and was shortlisted by GAR for the Best Lecture of the year.
Finally, the book review section starts with a review written by Nikos Lavranos regarding the book, The Conduct of International Arbitration Proceedings, written by the very well-known arbitrator and counsel Yves Derains. The second book review by Paolo Vargiu provides an in-depth analysis of the book, Rething Investment Law, edited by David Schneiderman and Gus van Harten. In short, the contents of this issue confirm again the unrelenting dynamism of the complex interaction between different branches of international law and European law, which in turn requires in-depth analysis and reflection. Indeed, this is the very reason why the Review continues to attract so much attention, not only by scholars and practitioners but also from national courts and arbitral tribunals. The wide range of topics and jurisdictions featured in this issue is testimony to the increasing reach of the Review worldwide. Meanwhile, the Editorial Team of the Review has undergone some changes. Our former Managing Editors Trisha Mitra and Samuel Pape have, after seven years (!) of hard work and dedication, decided to pass on the torch to Dr Szilard Gaspar-Szilagyi and Prof. Veronika Korom. We are hugely indebted to Trisha and Samuel and are very happy that both have agreed to stay with the Review by joining the Editorial Board. At the same time, we are very happy that Dr Szilard Gaspar-Szilagyi and Prof. Veronika Korom have agreed to be the new Managing Editors of the Review and we are confident that they will continue the great work done so far. In addition, we welcome Vanda Kopic and Prof. Hugo Cardona as new Editorial Team members, who will work closely together with Mark McCloskey and Dr Maria Fanou. Last, but certainly not least, we remain indebted to Vincent Verschoor and Gwen de Vries of Kluwer Law International for their relentless support and enthusiasm in developing and producing this Review. In order to ensure that each issue we produce is substantial, innovative, and intriguing, we invite unpublished, high-quality submissions (both long and short articles as well as case notes) that fall within the scope of the Review. The Call for Papers and the house style requirements are published on the Review’s website, https://efila.org/eila-review/.
Prof. Loukas Mistelis, Co-Editor-in-Chief
Prof. Nikos Lavranos, Co-Editor-in-Chief
E-mail: eilarev@efila.org
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