SURGE IN CASES AS ICSID RELEASES ITS 2023 CASELOAD STATISTICS

On 1 February 2024, the International Centre for Settlement of Investment Disputes (ICSID) released its caseload statistics for the 2023 calendar year, available here. This blogpost examines the latest trends seen in the 2023 calendar year, as compared to previous years. Read more

GERMAN FEDERAL COURT OF JUSTICE CONFIRMS THAT FINDINGS OF ACHMEA DO NOT EXTEND TO INVESTMENT ARBITRATIONS UNDER EXTRA-EU BITS

The German Federal Court of Justice (Bundesgerichtshof – “BGH”) recently allowed the enforcement of an arbitral award rendered in Deutsche Telekom v. India – an investor-State arbitration conducted under the 1995 Germany-India Bilateral Investment Treaty (“BIT”). On Deutsche Telekom’s application, the amount of USD 10 million plus interest (a partial amount of the award) has … Read more

UNCITRAL PUBLISHES FINAL CODES OF CONDUCT FOR ARBITRATORS AND JUDGES IN INTERNATIONAL INVESTMENT DISPUTES

UNCITRAL has published the final texts of its Code of Conduct for Arbitrators in International Investment Disputes (Arbitrators’ Code) and Code of Conduct for Judges in International Investment Disputes (Judges’ Code). The Codes seek to address concerns about the perceived lack of independence and impartiality among international arbitrators and judges by implementing new limitations on … Read more

The European Commission’s Non-Paper on Model Clauses for Member States’ BITs with Third Countries

In October last year, the European Commission released a Non-Paper on Model Clauses with Annotations for EU Member States’ negotiation of bilateral investment treaties (“BITs”) with third countries. Non-papers do not communicate an official position of the Commission. The Model Clauses are not an official ‘EU Model BIT’ but suggestions for Member States’ BITs. The … Read more

Guyana-Venezuela boundary dispute: Maduro Administration announces resource exploitation measures

The longstanding boundary dispute between Guyana and Venezuela saw significant escalation at the end of 2023. The dispute concerns Guyanese-controlled territory to the west of the Essequibo River, referred to as the Essequibo region by Guyana, and as Essequiba by Venezuela (the “Disputed Territory“). Following a 3 December 2023 referendum organised by the administration of … Read more

ISDS policy trend round up for 2023

What are the trends in investor state dispute resolution at a macro level that have developed over 2023? We have put together a round-up below. Declining use of ISDS? In 2022, 56 new cases were publicly filed, although the number is likely higher as some treaty arbitrations (outside ICSID or the PCA) will be confidential. … Read more