Tag Archives: Investment treaty

Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet

Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in investment treaty arbitration: Burlington Resources Inc. v. Ecuador, in which the tribunal awarded damages against the investor for breach … Continue reading

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Filed under Investment Arbitration, Jurisdiction, The Americas

New Zealand releases Trans-Pacific Partnership (TPP) text to the public

New Zealand released the full text of the TPP to the public today 5 November. The text can be found here. We will follow up with further consideration of the investment chapter in due course. For further information, please contact … Continue reading

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Filed under TPP

The human right to water: defences to investment treaty violations

At times, and for a variety of reasons, states will regulate the market in the furtherance of public-policy objectives—including to implement specific human rights obligations. Where investment agreements are in place, these kinds of measures may trigger an investor’s claim … Continue reading

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Filed under ECHR, International Human Rights, Investment Arbitration

The future of investor-state arbitration

We live in interesting times for investment arbitration. There is wider public engagement with investment protection than there has ever been, prompted by the European Commission’s public consultation on the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU … Continue reading

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