UK ANNOUNCES WITHDRAWAL FROM THE ENERGY CHARTER TREATY

On 22 February 2024, the UK Government announced that the UK will withdraw from the Energy Charter Treaty (ECT). The withdrawal will take effect one year after the formal receipt of notice by the ECT depositary, which transmits withdrawal notifications to the ECT Secretariat. Read more

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

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

ISDS policy trend round up for 2023

What are the trends in investor state dispute resolution at a macro level that have developed over 2023? We have put together a round-up below. Declining use of ISDS? In 2022, 56 new cases were publicly filed, although the number is likely higher as some treaty arbitrations (outside ICSID or the PCA) will be confidential. … Read more

The European Commission proposes withdrawal from the Energy Charter Treaty

On 7 July 2023, the European Commission formally proposed a coordinated European Union withdrawal from the Energy Charter Treaty (ECT), one of the world’s largest multilateral investment treaties, citing its incompatibility with the EU’s enhanced climate ambitions under the European Green Deal and the Paris Agreement. This comes against the background of long-running – and … Read more

CEDR PRODUCES GUIDE TO INVESTOR-STATE MEDIATION

The Centre for Effective Dispute Resolution (CEDR) has released an investor-state Mediation Guide (the Guide) to assist lawyers and users of investor-state mediation with the process. HSF Partner, Andrew Cannon, a member of CEDR’s advisory group of leading practitioners, contributed to the Guide. Read more