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The Arbitration Market: Challenges and Propospects for Macau

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This Wednesday I will be taking part in the ‘Macao International Legal Symposium on Promoting Economic and Trade Cooperation between China and Lusophone Countries’, to be hosted by the World Trade Center Macau. The title of my presentation will be ‘The Arbitration Market: Challenges and Propospects for Macau’.

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UNCITRAL and the Future of Investment Arbitration

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On 11 and 12 December the United Nations Commission on International Trade Law (UNCITRAL) and the University of Macau will be holding the ‘UNCITRAL-UM Joint Conference 2017 – Modernization of National Commercial Laws and the Role of Legal Harmonization in International Commerce‘. The conference will take place at the World Trade Center Macau. On the second day I will be delivering a presentation titled ‘UNCITRAL and the Future of Investment Arbitration’. You can read the full programme here.

 

 

New article: ‘Blusun S.A. and others v. Italy: Legal (In)stability and Renewable Energy Investments’

RECIEL

My latest article, titled ‘Blusun S.A. and others v. Italy: Legal (In)stability and Renewable Energy Investments‘, has been published in the Review of European, Comparative & International Environmental Law 26(3), pp. 298-304. Here is the abstract:

Blusun S.A. and others v Italy is one of the latest arbitral awards in a torrent of disputes concerning the modification of incentives in the renewable energy market. The tribunal ruled in favour of Italy, reaffirming the power of host States to change regulations to adapt to new needs and elucidating the connection between the concept of ‘legal stability’ and investors’ ‘legitimate expectations’. However, a few months later, in Eiser v Spain, another tribunal ruled in favour of investors, emphasizing that States’ regulatory powers are not absolute, and drastic legislative changes might breach investment protection obligations. The existence of contrasting outcomes in these cases underlines the importance of monitoring the gradual evolution of this sprouting segment of jurisprudence. While each award is closely connected to its specific legal and factual context, this stream of rulings is slowly contributing to clarify the limits to host States’ regulatory freedom in the renewable energy sector.

New book chapter: ‘Friends with Benefits? Amicus Curiae in the TPP Investor-State Dispute Settlement Mechanism’

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The book ‘Paradigm Shift in International Economic Law Rule-Making: TPP as a New Model for Trade Agreements?‘, edited by Professors Julien Chaisse, Henry Gao, and Chang-fa Lo, has just been published by Springer. I have contributed with a chapter titled ‘Friends with Benefits? Amicus Curiae in the TPP Investor-State Dispute Settlement Mechanism’ (pp. 105-128).

International Conference ‘The Duties, Rights and Powers of International Arbitrators’

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An exciting first panel at the international conference ‘The Duties, Rights and Powers of International Arbitrators’, hosted by the American University Washington College of Law, in Washington, DC. More great presentations to follow.