ICSID RELEASES FIFTH WORKING PAPER ON ICSID RULES REVISION: THE LAST CHANGES BEFORE THE FINAL VOTE?

On June 15, 2021, the International Centre for Settlement of Investment Disputes (“ICSID“) Secretariat published its Fifth Working Paper on Proposals for Amendment of the ICSID Rules (“WP5“), featuring the proposals for amended ICSID rules on arbitration. The proposals build upon the suggested amended rules in Working Paper 4 (“WP4“), and address issues such as … Read more

CANADA’S NEW 2021 MODEL BIT

On May 12, 2021, Canada published its new Model Foreign Investment Promotion and Protection Agreement (the “New Model BIT”), revising the 2004 Model Agreement for the Promotion and Protection of Investments (the “2004 Model BIT”). The New Model BIT modernizes Canada’s framework and brings a few interesting innovations in the Bilateral Investment Treaty (“BIT”) world. … 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

REPUBLIC OF DJIBOUTI RATIFIES ICSID CONVENTION

On 9 June 2020 the Republic of Djibouti became the 155th state to ratify the ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“the ICSID Convention”) following the depositing of its instrument of ratification with the World Bank. The ratification follows Djibouti’s signing of the Convention in April … Read more

ENGLISH HIGH COURT INJUNCTS PARTY FROM PROVIDING FUNDING FOR ICSID ARBITRATION

In the recent case of Koza Limited, Mr Ipek v Koza Altin Isletmeleri AS [2020] EWHC 654 (Ch) (subscription required) the English High Court granted an injunction against a UK-based company, Koza Limited, restraining it from providing funding for an ICSID arbitration brought by another UK corporation, Ipek Investment Limited (IIL), against Turkey. Background Facts … Read more

UK SUPREME COURT LIFTS STAY OF ENFORCEMENT OF ICSID AWARD AGAINST ROMANIA

In Micula and others (Respondents/Cross-Appellants) v Romania (Appellant/Cross-Respondent) [2020] UKSC 5 the UK Supreme Court (the “SC”) found that the duty of sincere cooperation under EU law does not preclude enforcement of an ICSID Convention (the “Convention”) award against Romania (the “Award”). In what is the enforcement stage of the long-running and well-known saga of … Read more

ICSID RELEASES FOURTH WORKING PAPER ON ICSID RULES REVISION: INCREASING CONSENSUS, BUT NOTABLE DEVELOPMENTS

On 28 February 2020, the International Centre for Settlement of Investment Disputes (“ICSID“) Secretariat (the “Secretariat”) released its Fourth Working Paper on Proposals for Amendment of the ICSID Rules (“WP4”), the latest iteration of proposals for amended rules for investor-state dispute settlement (“ISDS“). The proposals build upon the proposed amended ICSID rules in Working Paper … Read more