ISDS Reform

The future of ISDS in the EU: leaked non-paper reveals proposal for EU-wide investment agreement

In a recently leaked non-paper presented to the EU Council's Trade Policy Committee (available here), Austria, Finland, France, Germany and the Netherlands (the "Delegations") have proposed the introduction of an EU-wide investor-state dispute settlement ("ISDS") mechanism.  The proposal is an … Continue reading

Leave a Comment

Filed under EU, Europe, ISDS Reform

ICSID Publishes Annual Report for FY 2015 and Latest Caseload Statistics

The International Centre for the Settlement of Investment Disputes ("ICSID") has recently published its Annual Report for FY 2015, which compliments its most recent Caseload Statistics Report concerning cases registered or administered by ICSID. The Annual Report and Caseload Statistics … Continue reading

Leave a Comment

Filed under Investment Arbitration, ISDS Reform, News

TPP deal reached: investment arbitration survives

After a lengthy final period of negotiation in Atlanta, it has been announced that the TPP, the world’s largest mega-regional trade and investment deal, has been agreed. The investment chapter is not yet available but is briefly summarised on USTR’s … Continue reading

Leave a Comment

Filed under Americas, Investment Arbitration, ISDS Reform, Latin America, News, Public International Law, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact

European Commission publishes draft investment chapter for the TTIP, including investment protection provisions and the establishment of an International Investment Court

On 16 September the European Commission published detailed draft proposals for the investment chapter in the proposed Transatlantic Trade and Investment Partnership treaty between the EU and the US (“TTIP”). The full text is available here. The chapter includes detailed … Continue reading

Leave a Comment

Filed under Americas, EU, Europe, Investment Arbitration, ISDS Reform, Treaty negotiation, interpretation and impact, TTIP

The future of ISDS in the TTIP: European Parliament recommends a “new system” of judicial decision-making

As reported in our previous blog posts (please click here and here), the proposed inclusion of investor-state-dispute settlement (ISDS) provisions in the Transatlantic Trade & Investment Partnership (the TTIP), has caused considerable debate amongst many stakeholders. Against this backdrop of … Continue reading

Leave a Comment

Filed under EU, Europe, Investment Arbitration, ISDS Reform, Treaty negotiation, interpretation and impact, US

China-Australia Free Trade Agreement signed

Australian Trade Minister Andrew Robb and Chinese Commerce Minister Gao Hucheng today signed the China-Australia Free Trade Agreement (ChAFTA) in Canberra, following the signing of a Declaration of Intent in November 2014 during Chinese President Xi Jinping’s visit to Australia … Continue reading

Leave a Comment

Filed under Australia, China, ISDS Reform, Japan, Korea, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact

EU Commission issues “Concept Paper” on ISDS in the TTIP and beyond: proposals for “profound reform”

Further to its report on the outcome of the consultation on investment protection and investor-state dispute settlement in the TTIP, the EU Commission has issued a “Concept Paper” which envisages a very different future for resolution of investor-state disputes. The … Continue reading

Leave a Comment

Filed under Investment Arbitration, ISDS Reform, Treaty negotiation, interpretation and impact

Herbert Smith Freehills and Chatham House event on TTIP: meeting report now available

As reported in our previous post, on Wednesday 4th March Herbert Smith Freehills hosted an event in partnership with Chatham House (the Royal Institute for International Affairs, London), seeking to explore the opposition to the TTIP and, in particular, the … Continue reading

Leave a Comment

Filed under Investment Arbitration, ISDS Reform, News, Trade law, Treaty negotiation, interpretation and impact

Head of India Arbitration Practice, Nick Peacock, comments on India’s draft Model BIT 2015 for CNBC TV18’s “The Firm”

As reported in our recent blog post here, India has recently released a draft  “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“).  Head of the India Arbitration Practice, Nick Peacock was invited to comment on the Model BIT … Continue reading

Leave a Comment

Filed under India, Investment Arbitration, ISDS Reform, News, Structuring Investments

Indian Government seeks comments on a proposed draft Model Text for the Indian Bilateral Investment Treaty

The Government of India (“GOI“) has recently published a draft “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“), which is understood to be intended to revise India’s model bilateral investment treaty of 1993 and to serve as a … Continue reading

Leave a Comment

Filed under India, Investment Arbitration, ISDS Reform