THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS ENTERS INTO FORCE

    The Treaty on the Prohibition of Nuclear Weapons (the “Treaty“) entered into force on 22 January 2021. The Treaty is the first treaty to ban nuclear weapons, and has received support to date from 88 States. Background The Treaty was adopted by the United Nations General Assembly on 7 July 2017 and has been open … Read more

    THE EU AND CANADA ADOPT PROCEDURAL RULES FOR THE CETA INVESTMENT COURT SYSTEM

    On 29 January 2021, the European Union (“EU”) and Canada adopted four decisions (the “Decisions”), which put in place specific rules elaborating the Investment Court System (“ICS”) agreed in the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). The Decisions set out detailed rules and procedures regarding the structure of the Appellate Tribunal and the conduct … Read more

    ICSID RELEASES STATISTICS FOR RECORD YEAR 2020

    The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2020 (available here) showing a record number of new cases. While the figures confirm that the Covid-19 pandemic has not so far significantly affected the nature of those disputes, other changes – such as a shift to virtual hearings – are … Read more

    UPDATES ON POTENTIAL EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT (WITH A FOCUS ON INVESTMENT PROTECTION AND ISDS) – NEW WINE IN NEW BOTTLES?

    On 30 December 2020, the European Union and China announced their Agreement in Principle for the EU-China Comprehensive Agreement on Investment (CAI). This is a landmark development for both parties in these long-running negotiations which began in 2012. On 22 January 2021, in the interest of transparency, Brussels published certain draft sections (here) of the … Read more

    Working Group II UNCITRAL Discussions of September 2020

    The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group II (Arbitration and Conciliation/Dispute Settlement) (“WGII“)​ has published the advance copy of its report (the “Report“) on the discussions held between 21 and 25 September 2020 during its 72nd session. The Report provides details about the discussions around various issues, including: (i) the form … Read more

    UPDATE ON THE FUTURE OF ISDS: UNCITRAL WORKING GROUP III PUBLISHES DRAFT WORKING PAPERS

    The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII”)​ has recently published two draft working papers for comment (the “Working Papers”). The Working Papers address the possible reform of investor-state dispute settlement (“ISDS“), focusing on (i) an appellate mechanism and enforcement issues and (ii) the selection and … Read more