Trade and Investment between the EU and India: A promising horizon with a closer look at negotiation roadblocks.

CELIS Update on Investment Screening – May 2023

By Thijs De Cuyper, University of Leuven and Gautam Mohanty, Kozminski University and Jindal Global Law School   Introduction – The sixth round of the European Union (EU)-India investment protection agreement (IPA) was set to resume on 10-13 October 2023 in Brussels. However, plans have changed due to India prioritizing its Free Trade Agreement (FTA) with…

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‘A Chain Works Just as Well as its Weakest Link’ – CFIS Keynote and Roundtable on the Review of the EU FDI Screening Regulation

CELIS Events

By Ass.-Prof. Dr. Lena Hornkohl, University of Vienna / CELIS Deputy Director   The annual conference of the CELIS Institute dealt with the pivotal question of Investment Screening and Economic Security and its current challenges. CFIS 2023 was held in Prague from 11 – 13 October 2023 and consisted of a private and a public part.…

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The Anti-Coercion Instrument has been adopted

Thomas Verellen

By Ass.-Prof. Dr. Thomas Verellen, University of Utrecht [1]   On October 23rd, 2023, the Council adopted the Anti-Coercion Instrument. The adoption by the Council comes a couple of weeks after the European Parliament gave its consent to the instrument on October 3rd. The Council’s press release states that the regulation will be signed on November…

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Economic Security in the EU: Key Takeaways from CFIS 2023

Roland Stein @ CELIS.institute

By Dr. Roland Stein, LL.M. Eur., BLOMSTEIN / CELIS Deputy Director   The CELIS Forum on Investment Screening (CFIS) 2023 conference in Prague provided valuable insights into the multifaceted realm of economic security in the European Union (EU). The discussions centered on critical issues such as the screening of foreign inward direct investments, outward investment controls,…

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Country Note Serbia 2023

Country Note Norway 2023

CELIS Country Note on Serbia, 2023 by Luka Marosiuk Date of Publication: 25 October 2023 The Republic of Serbia promotes itself as an open country and tries to attract as much foreign investments as possible, from various sources and in various fields. In the last year (2022), the Republic of Serbia attracted numerous foreign direct…

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Country Note Belgium 2023

Country Note Norway 2023

CELIS Country Note on Belgium, 2023 by Thijs de Cuyper Date of Publication: 25 October 2023 The Belgian cross-sectoral Investment Screening Mechanism (ISM) has recently entered into force. The objective of this mechanism is to identify and mitigate risks related to Foreign Direct Investments in Belgian critical infrastructure and strategic assets. The journey towards creating…

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Country Note Norway 2023

Country Note Norway 2023

CELIS Country Note on Norway, 2023 by Charlotte Hafstad Date of Publication: 25 October 2023 Since 1 January 2019, investments in Norwegian companies that are subject to the Security Act, have been screened by Norwegian authorities. The screening provisions of Chapter 10 in the Security Act have recently been amended, though they has not entered…

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It’s that time of year again: The European Commission’s Third Annual Report on FDI Screening is out!

Sophie Bohnert

By Sophie Bohnert, Vienna University of Economics and Business/College of Europe   Introduction On 19 October 2023, the European Commission (“EC”) published its Annual Report on the screening of foreign direct investments into the Union (“Report”), covering the year 2022. This Report is accompanied by the usual Staff Working Document. This is the third report…

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Global Telecom Holding S.A.E. v Canada – Investment arbitration as a potential remedy against negative FDI screening decisions?

Home - CELIS 2021

By Kilian Wagner, University of Vienna FDI screening and international investment law Bilateral investment treaties (BITs) and specific chapters in free trade agreements include substantive standards of investment protection. These comprise rules on expropriations, national and most-favoured-nation treatment, and the fair and equitable treatment (FET) of investments. Most BITs contain provisions on investor-state dispute settlement…

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Evaluation Report on Amendments to the German Investment Screening Mechanism

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By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director   I. Legislative changes and reporting duties Over the past couple of years, investment screening has become a central legislative instrument for promoting security and public order in many Western countries. When Germany first introduced its two-tier screening system in 2004 (military sector) and…

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The ECJ’s Judgment in Xella – Judicial Cherry Picking?

CELIS Update on Investment Screening – May 2023

By Alexia Crivoi, Vienna University of Economics and Business   Introduction In the much-discussed Xella judgment of July 13 2023, the Court of Justice decided two things: that the scope of the EU FDI Screening Regulation does not extend to ‘indirect FDI’, rejecting arguments relating to the company structure of an EU-based but foreign-owned investor…

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