NEW PROCEDURAL RIGHTS FOR INVESTORS AS INDONESIA-SINGAPORE BIT COMES INTO FORCE

Since Indonesia announced its intention to terminate and replace “all of its 67 bilateral investment treaties” (BITs) in 2014, the State has actively re-negotiated several BITs. Starting with some of its largest trading partners in the region, Indonesia signed new BITs with Singapore in 2018 and Australia in 2019. On 9 March 2021, the Agreement … 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

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

AFCFTA PROTOCOL: REGULATORY ENVIRONMENT AND PROTECTION FOR INVESTORS

Johannesburg-based Partner Peter Leon, Associate Ernst Muller and Candidate Attorney Natasha Rachwal have recently authored an article discussing the ongoing negotiations for the African Continental Free Trade Area’s (“AfCFTA”) protocol on investment. The article considers the opportunity for AfCFTA drafters to establish an investment regime that supports modern investment policies and sustainable development. The article … Read more

PCA TRIBUNAL FINDS INDIA IN BREACH OF TREATY IN VODAFONE TAX DISPUTE

The Government of India has lost the first of three keenly anticipated decisions on the retrospective tax liabilities introduced by statute in 2012 to reverse the ruling of the Indian Supreme Court in the Vodafone case. The legislation was introduced in the Finance Act 2012 to reverse the Supreme Court’s ruling that Vodafone was not … Read more