Tag Archives: ISDS

A Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive and Progressive Agreement for Trans-Pacific Partnership are agreed (CPTPP). While much of the original TPP looks to remain … Continue reading

Leave a Comment

Filed under Australia, East Asia, Investment Arbitration, ISDS, Japan, Malaysia, News, Public International Law, Singapore, South East Asia, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

A warning shot for investor-state dispute settlement under NAFTA 2.0?

The US Trade Representative (USTR) is reportedly finalizing a proposal to dramatically restructure NAFTA’s investor-state dispute settlement (ISDS) mechanism, transforming it into an “opt-in” regime under which each NAFTA state would elect whether or not to permit investors of other … Continue reading

Leave a Comment

Filed under Americas, ISDS, ISDS Reform, Public International Law, Trade law, US

What to watch for as NAFTA (re)negotiators get to work

On August 16, 2017, trade representatives of the United States, Mexico and Canada will convene in Washington, DC for the first of seven scheduled rounds of negotiations in relation to the North American Free Trade Agreement (NAFTA). The negotiations have … Continue reading

Leave a Comment

Filed under Americas, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, Trade law, Treaty negotiation, interpretation and impact, US

Herbert Smith Freehills’ Response to EU Consultation: the Future of Investor-State Dispute Settlement

As discussed in our blog post here, on 21 December 2016 the EU Commission launched a public consultation on the multilateral reform of the investment dispute settlement system. The consultation closed on 15 March 2017 with a full report of the responses anticipated later … Continue reading

Leave a Comment

Filed under Advice on State Contracts and Disputes, Arbitration Proceedings, EU, Europe, Investment Arbitration, ISDS, News

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

Arbitration and intra-EU BITs – German Bundesgerichtshof weighs in on the discussion

In its decision of 3 March 2016 (I ZB 2/15), published on 11 May 2016, the German Federal Court of Justice ("BGH") announced that it would request the Court of Justice of the European Union ("CJEU") to make a preliminary … Continue reading

Leave a Comment

Filed under EU Law, Investment Arbitration

European Commission formally presents proposed Investment Chapter for TTIP to the US

Yesterday, 12 November, the EU formally presented its proposed language for the Investment Chapter of the TTIP to the US. As discussed in our earlier blog piece here, the EU is suggesting an "Investment Court System" to resolve disputes between … Continue reading

Leave a Comment

Filed under EU, TPP, TTIP, US

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

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

“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

Leave a Comment

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