The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU’s exclusive competence

On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade Agreement (FTA) with Singapore. The Opinion recognises exclusive EU competence over most of the agreement and largely settles a long-standing dispute between the Commission and the Member States on … Read more

India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous post of July 2016). One of these negotiations was with Brazil, a country historically known … Read more

Leaked Investment Chapter of the TPP: broad similarities to the US Model BIT, a nod to the ongoing debate and some outstanding issues

On 25 March the 20 January 2015 working draft of the Investment Chapter of the Trans-Pacific Partnership (TPP) was posted on Wikileaks. (There may be later drafts not yet publicly available, but this is the best guide yet to what is coming.) As discussed in our earlier article here, the investment protection and Investor-State dispute … Read more

Korea and its trade partners appoint default arbitrators under free trade deals

In two separate recent developments, South Korea and its trade partners under international free trade agreements have agreed panels of default arbitrators available to hear disputes arising under the agreements. The South Korean Government has announced a list of default arbitrators (to be appointed in circumstances where the parties to the dispute are unable to … Read more

Developments in resolving cross-border disputes

With the increase of global commerce, it also becomes increasingly important to provide for effective and quick dispute resolution mechanisms across state borders. A number of developments in international law recognise this trend and seek to address it. These developments include: The inclusion of Investor-State Dispute Resolution mechanisms in the Trans-Pacific Partnership Agreement and the … Read more