Tag Archives: investor-state arbitration

Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries

The Government of India says it has sent notices to terminate bilateral investment treaties (BITs) with 58 countries, including 22 EU countries.  It has been reported that many of these BITs will cease to apply to new investments from as … Continue reading

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Filed under Asia, India, Investment Arbitration

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

Live webcast of hearing on jurisdiction and the merits: David Aven et al. v. Republic of Costa Rica (UNCITRAL Case No. UNCT/ 15/3) – Public Hearing

A hearing on jurisdiction and the merits in UNCITRAL Case No. UNCT.15/3, will be transmitted live in English and Spanish via internet feed from Monday, December 5, 2016 to Monday, December 12, 2016, excluding Saturday and Sunday, from 9:00 a.m. to … Continue reading

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Filed under Investment Arbitration, ISDS, News, Public International Law, The Americas, Video

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

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

“Company vs Country”: BBC documentary on investor-state dispute settlement on BBC Radio 4 tonight

After decades of governments concluding international investment agreements, reservations concerning free trade agreements (such as the TTIP, between the US and the EU) have led to unprecedented levels of public debate, focussing largely on the proposed inclusion of investor-state dispute … Continue reading

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

Herbert Smith Freehills hosts TTIP event in partnership with Chatham House

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 Investor State Dispute Settlement (ISDS) chapter … Continue reading

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Filed under Investment Arbitration, News

PCA–Hong Kong Host Country Agreement anticipates increase in disputes involving States in Asia

At a ceremony in Beijing on 4 January 2015, representatives of the Permanent Court of Arbitration (PCA) and the Central Government of the People’s Republic of China signed a Host Country Agreement and a related Memorandum of Administrative Arrangements to … Continue reading

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Filed under Asia, Hong Kong & China, News

UN General Assembly formally adopts Convention on Transparency in Treaty-based Investor State Arbitration

The UN General Assembly formally adopted the Convention on Transparency in Treaty-based Investor-State Arbitration (the Transparency Convention) on 10 December 2014. The Transparency Convention makes it easier for States to apply the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration … Continue reading

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Filed under Investment Arbitration, News, Treaty negotiation, interpretation and impact

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