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

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

ANGOLA BECOMES 165TH SIGNATORY OF THE ICSID CONVENTION

Angola has become the latest state to sign the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the Convention). This also makes it the 50th African state to become a signatory. The Convention was signed by Angola’s Ambassador to the US on 14 July 2022 and will come into … Read more

ICSID MEMBER STATES APPROVE AMENDED 2022 ARBITRATION RULES

On 21 March 2022, the member states of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments to the ICSID Regulations and Rules, which will come into effect on 1 July 2022. The approved amendments are the product of a rule amendment project which commenced in October 2016, pursuant to which … Read more

UNCTAD PUBLISHES REPORT ON INVESTOR-STATE DISPUTE SETTLEMENT CASES IN 2020

The United Nations Conference on Trade and Development (“UNCTAD“) has recently published its report (available here) on investor-state dispute settlement (“ISDS“) cases in 2020 (“Report“). The Report confirms that in 2020, investors initiated at least 68 publicly known ISDS cases pursuant to various international investment agreements (“IIAs“). This marks an increase in the number of … Read more

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