CELIS Blog

The CELIS Blog: Fueling the Conversation on Economic Security. The CELIS Blog is a unique forum for current debates on international investment control and economic security law and practice more broadly. It brings the latest developments and analysis to you. From economic security (law) experts – to economic security (law) experts.

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CELIS–Arnold & Porter Blog Series on Investment Security x Investment Arbitration

Introducing the CELIS–Arnold & Porter Initiative on Investment Security x Investment Arbitration

Authors: Steffen Hindelang (Uppsala University; CELIS Institute), Helene Schramm (CELIS Institute) and Liam McGrath (CELIS Institute) Most international rules governing foreign investment still breathe the air of the liberal, if ...
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Constraints on the State’s Right to Screen Foreign Investments Prior to Market Entry

Authors: Steffen Hindelang (Uppsala University; CELIS Institute), Helene Schramm (CELIS Institute) and Liam McGrath (CELIS Institute)    Introduction  As a starting point, a State enjoys broad authority to regulate the admission of foreign investment ...
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Post-Establishment Phase: FDI Screening Decisions and the Treatment of Retroactive Measures in Investment Arbitration

Authors: Bart Wasiak (Arnold & Porter Kaye Scholer (UK) LLP) and Naina Gupta (Arnold & Porter Kaye Scholer (UK) LLP)    Introduction  Decisions concerning the screening of foreign direct investments (“FDI”) are often taken at the post-establishment phase—after ...
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Shielding Foreign Investment Screening from Challenge under Investment Treaties

Author: Dr. Joshua Paine (University of Bristol)    Introduction  This post considers how States can design international investment agreements (“IIAs”) to prevent foreign investment screening measures from being subject to successful ...
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German Administrative Courts Take the Plunge – First Rulings on German Investment Screening Procedures and their Time Frame

Authors: Dr. Roland M. Stein (BLOMSTEIN) and Henriette Wohlschläger (BLOMSTEIN)     Introduction  In light of the prevailing tense global geopolitical climate, investments are no longer regarded exclusively as catalysts for growth and innovation, but instead as ...
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Between Deadlines and Discretion: Timely Decision-Making in Investment Screening

Authors: Xueji Su (University of Macau) and Alessandro Zocchia (University of Macau)    Introduction: The Pocket Veto Phenomenon  Investment screening involves a procedurally layered process involving notification, jurisdictional assessment, inter-agency consultation, risk analysis, possible mitigation negotiations, and ...
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Fair and Equitable Investment Screening

Author: Dr. Bálint Kovács (University of Szeged)    Introduction  With the widespread adoption of investment screening by Western states, there is increasing evidence as to the ways in which this tool ...
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Legal Standards, Evidentiary Threshold, Transparency and Due Process in the Context of Investment Screening and Investment Disputes

Author: Jonas Hallberg I. Legal Standards and Evidentiary Threshold Security assessments of a prospective investment necessarily involve an assessment of future contingencies; the evidentiary threshold cannot therefore be set unduly ...
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Disclosure and Confidentiality in Investment Screening

Author: Dorieke Overduin (Sovereign Arbitration Advisors)    Introduction  In order to assess risks posed by foreign direct investments to national security, authorities must understand not only the target business, but also the investor, ...
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Investment Screening Between Discretion and Arbitrariness – Charting the Borderlands

Authors: Steffen Hindelang (CELIS Institute; Uppsala University), Helene Schramm (CELIS Institute) and Liam McGrath (CELIS Institute) Introduction  Foreign investment screening regimes are built on discretion. Screening decisions often turn on assessments of open-ended lists ...
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Navigating Treaty Liability for Conditional Approvals in Foreign Investment Screening

Author: Dean Merriman (Barrister at the Victorian Bar)    I. Imposition of Conditions on Foreign Investment: Anecdotes from Australia  It is well known that domestic investment screening authorities frequently are given ...
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CELIS Special Blog Series on the Revision of the FDI Screening Regulation

Introducing: The Foreign (Direct) Investment Screening Regulation – A blog series on the revision of FDI Screening Regulation 2019/452

Part I in the CELIS Blog Series on the Revision of the FDI Screening Regulation. Autors: Lena Hornkohl (University of Vienna)[1], Andrew Hill (AmCham EU, Brussels), Floor Doppen (University of ...
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Tug-of-War? Determining the mandatory scope for the new FDI Screening Regulation

Part 2 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/452. Authors:  Andrew Hill (AmCham EU, Brussels), Floor Doppen (University of Antwerp), Leonard von Rummel (Partner, Blomstein) ...
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To Screen or not to Screen? Defining the Deals that Count

Part 3 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/452. Authors:  Andrew Hill (AmCham EU, Brussels), Floor Doppen (University of Antwerp), Kaarli Eichhorn (Antitrust Partner, Jones ...
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The Devil is in the Details – The Real Screening Report

Part 4 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/452. Authors: Floor Doppen (University of Antwerp), Andrew Hill (AmCham EU, Brussels) Introduction The Commission published its 5th ...
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The Elephant in the Room: Subsidiarity in Investment Screening in the EU

Part 5 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/45 Authors: Andrew Hill (AmCham EU[1]), and Floor Doppen (University of Antwerp) Introduction White smoke poured over ...
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Mirror, Mirror on the Wall, What’s the Outcome of the Trilogue?

Part 6 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/45 Authors: Andrew Hill (Amcham Europe), and Floor Doppen (University of Antwerp) Introduction The clock has started ...
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CELIS–L&G Blog Series

Introducing: the CELIS-L&G Blogseries

Welcome, readers, to the inaugural blog post of a new collaboration between the academic journal Law & Geoeconomics (L&G) and the CELIS Institute. To set the tone, we decided to ...
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Proxies, Partners, or Opponents? Rethinking Business–Government Relations in Geoeconomic Competition

Authors: Olivier Schmitt (Royal Danish Defence College), Anna Vlasiuk Nibe (University of Southern Denmark) All articles in Law & Geoeconomics are available free of charge via Brill using the access token LGEO4U until 31 ...
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Why Economic Security Depends on Bureaucracy: The Hidden Side of Derisking

Authors:  M. Di Giulio (Associate Professor, Università di Genova), F. Baraldi (Post-doctoral Research Fellow, Vrije Universiteit Amsterdam), and M. Sguazzini (Post-doctoral Research Fellow, Università di Genova) This blog is part ...
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Can – and should – the EU align with US economic security policy?

Varg Folkman (Policy Analyst, the European Policy Centre) Introduction Back during Europe's summer of discontent in 2025, it went somewhat overlooked -  amidst the larger trade story -  that the ...
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The State of Exception in EU Investment Law

Author: Jochem de Kok (Affiliate Fellow at the Amsterdam Centre for European Law and Governance of the University of Amsterdam and Senior Associate at A&O Shearma) This blog post is ...
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Regulating Critical Minerals and Economic Security in South America: Brazil, Chile, and Argentina in Comparative Perspective

Authors: Natália de Lima Figueiredo (Assistant Professor, Federal University of São Paolo) & Michelle Ratton Sanchez Badin (Associate Professor, FGV São Paulo School of Law) Introduction[1] "Economic security" has quickly ...
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The Small Yard Problem: How America and Japan De-Risk from China

Author: Timothy Cichanowicz (PhD Candidate, University of Kansas) This blog is part of the CELIS-L&G special series. All articles in Law & Geoeconomics are available free of charge via Brill using the ...
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Supply Chain Secondary Sanctions: How China Weaponised Lithuania’s Trade Links

Author: Verónica Fraile del Álamo (PhD Researcher, Australian National University) & Darren J. Lim (Senior Lecturer, Australian National University) This blog is part of the CELIS-L&G special series. All articles ...
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EU Sanctions and Investment Arbitration: An Attempt at Moving the Goalposts through Increased Securitisation?

Author: Alexandros Bakos ((Postdoctoral researcher, Hamad Bin Khalifa University, College of Law) Introduction After the Achmea and Komstroy sagas, marking the end of intra-European Union (EU) investor-state arbitration, the Union ...
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Latest Blog Posts

CFIUS’s Known Investor Program: A New Chapter in Foreign Investment Screening

Author: Anonymous Introduction / Context The Committee on Foreign Investment in the United States (“CFIUS”) previously announced a “Known Investor Program” to streamline the U.S. foreign investment review process. Under the program, certain repeat, low-risk foreign investors may provide detailed information to CFIUS in advance of any specific deal. By collecting and assessing detailed information about a foreign investor in ...
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Mirror, Mirror on the Wall, What’s the Outcome of the Trilogue?

Part 6 in the CELIS blogseries on the revision of FDI Screening Regulation 2019/45 Authors: Andrew Hill (Amcham Europe), and Floor Doppen (University of Antwerp) Introduction The clock has started ticking for the early-2028 implementation deadline of the Foreign Investment Screening Regulation (the 'Regulation') with Germany already announcing that it will consolidate its screening rules and implement the Regulation bymid-2026, ...
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Balancing Economic Security and Investment Protection – The Case of Nexperia and the China–Netherlands BIT

Authors: Steffen Hindelang (CELIS Institute), Liam McGrath (CELIS Institute), Helene Schramm (CELIS Institute) I. Introduction While the European Union and its Member States are still assessing whether to introduce a mechanism to review outbound investment for economic security reasons, the Netherlands appears to be ahead of the policy curve. On 30 September 2025, following reports that parts of Nexperia Semiconductor's ...
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Can – and should – the EU align with US economic security policy?

Varg Folkman (Policy Analyst, the European Policy Centre) Introduction Back during Europe's summer of discontent in 2025, it went somewhat overlooked -  amidst the larger trade story -  that the EU, in its Turnberry Deal with the United States, had promised to "strengthen economic security alignment" between the two entities. The deal itself ended the period of high uncertainty in ...
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Investment Screening and the Nexperia Crisis: Would It Have Made a Difference?

Author: Frans-Paul van der Putten (Founder, ChinaGeopolitics) Introduction Five months have passed since the interventions by the Dutch ministry of Economic Affairs and the Enterprise Chamber of the Amsterdam Court of Appeal that took away control of Dutch chipmaker Nexperia from its Chinese parent company Wingtech Technologies. Looking back at what happened, now that the media frenzy has subsided, this ...
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Ukraine’s Interagency FDI Commission: Early Powers in a Yet-to-Be-Defined FDI Screening Regime

Igor Svechkar (Partner, Asters), Sergiy Glushchenko (Counsel, Asters), and Anastasiia Panchak (Senior Associate, Asters; CELIS Country Reporter for Ukraine) Introduction On 28 January 2026, the Ukrainian Government ('the Government') adopted Resolution No. 97 ('the Resolution'), establishing an Interagency Foreign Direct Investment Screening Commission ('the Commission'). This step marks a further move toward the development of a comprehensive foreign direct investment ...
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FDI Screening in Ukraine: Balancing Security, Predictability, and Investment

Reflections from a CELIS and CIPE event in Washington, DC Anton Arkhypov (Counsel, AVELLUM) Introduction Ukraine's reconstruction will depend heavily on foreign investment. At the same time, the country faces an unprecedented challenge: how to attract capital, technology, and partnerships without compromising national security in an environment shaped by war, geopolitical fragmentation, and global supply-chain realignment. These tensions were at the ...
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CELIS Update on Investment Screening and Economic Security – January 2026

By Helene Schramm with the help of intern Maria-Arancha Simiuc   INVESTMENT SCREENING MECHANISMS    United States – Washington Targets Sensitive Tech Investment Abroad Under New COINS Act  On 18 December 2025, the Comprehensive Outbound Investment National Security (COINS) Act 2025 was signed into law as part of the Fiscal Year 2026 National Defense Authorization Act. The Act requires enforcement by the Department of Treasury through implementing regulations. ...
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Economic Security and the Financial Sector: Italian FDI Legislation Reformed to Cope with the EU Commission Infringement Procedure

By Andrea Gemmi and Linda Lorenzon Introduction The opening of infringement procedure INFR(2025)2152 concerning Italy's FDI screening legislation (so-called "golden power" legislation) -following its application to the UniCredit/Banco BPM transaction-has brought to the surface unresolved tensions between national FDI controls and EU competences in banking supervision, prudential regulation, and free movement of capital. The European Commission's challenge appears related to how ...
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The Guidelines on the Foreign Subsidies Regulation: condensing the Commission’s first experience

Pierfrancesco Mattiolo (PhD Candidate, University of Antwerp) and Jan Blockx (Assistant Professor, University of Antwerp)   On 9 January 2026, the Commission adopted its Guidelines on the application of certain provisions of the Foreign Subsidies Regulation (FSR). This publication follows the publication of the Draft Guidelines in July 2025 and increasing enforcement action at the end of 2025, including the opening ...
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The CELIS Blog always welcomes posts from economic security professionals that address current issues in international investment screening and economic security law and practice. Would you like to contribute to the Blog? Please contact our editors: blog@celis.institute

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