The Fourth Annual Forum of Developing Country Investment Negotiators, held in New Delhi, India, on October 27-29, 2010, gathered 70 participants from 34 countries to discuss the latest trends and developments in international investment law.
The Forum was co-organized by India's Ministry for Industrial Policy and Promotion, Invest India, the International Institute for Sustainable Development (IISD), and the South Centre. The Forum brought together investment negotiators from across the developing world—some 41 per cent of participants represented Least-Developed Countries.
These annual forums provide a unique opportunity for investment negotiators to share experience, learn about different approaches to investment-treaty negotiations, develop new contacts and facilitate future collaboration between developing countries. Participants also receive information on the latest trends in the area of international investment agreements with a focus on the priorities and needs developing countries.
Arbitrator Independence and Impartiality: Examining the dual role of arbitrator and counsel
This paper examines the investor-State arbitrations in view of the available common institutional safeguards ensuring arbitrator independence and impartiality. It highlights how the existing framework can and should be used to better resolve existing problems, and focuses on the type of conflict of interest that can arise from arbitrators in investor-State disputes serving as counsel in other investor-State arbitrations. The paper analyzes the rules commonly used in investor-State arbitrations and the decisions evaluating the dual-role issue. It further examines the International Bar Association (IBA) Guidelines and Burgh House Principles and describes the guidance they provide on the subject. In conclusion, the paper discusses the options for implementing improved and consistent responses to address and resolve the issues related to the current dual-role phenomenon in investor-State arbitrations.
Fair and Equitable Treatment in Indian International Investment Agreements: An overview
The paper gives an overview of the fair and equitable treatment (FET) provision in Indian International Investment Agreements (IIAs). It examines 68 Indian IIAs signed by India from 1995 to 2010, and the Indian model IIA, and looks at the differences with regard to FET provision and its normative content. Furthermore, it analyzes those Indian IIAs containing the FET provision with regard to their compliance with the model Indian IIA, and points out possible trends in the formulation of the FET provision in Indian IIAs.
Annulment of ICSID Awards: Recent developments
The paper reviews recent decisions of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) on parties' applications for annulment, and examines grounds and possibilities for annulling ICSID awards. It summarizes some of the key themes and aspects of the annulment decisions by looking at the annulment committees' interpretation and performance of their roles within the ICSID system, and by examining the committees' interpretations and applications of the Article 52 grounds for annulment.
South-South Bilateral Investment Treaties: The same old story?
Today, Bilateral Investment Treaties (BITs) between developing countries account for approximately 26 per cent of the total number of BITs, and with enhanced South-South economic cooperation and greater regional integration, this number is likely to grow. The paper examines trends in and characteristic of South-South BITs in order to establish whether and to what extent they follow the North-South European BITs template, and to identify those features and developments unique to the South-South BITs.
The Stakes for States in Defending Investment Treaty Arbitrations: A game of luck and chance?
The paper examines the current investment treaty arbitration practice with respect to the odds for States to recover the costs of defending investment treaty arbitration claims. It analyzes the results of a recent study on the subject presented by the United Nations Conference on Trade and Development (UNCTAD), provides statistics on claims successfully defended by States or investors, and focuses on the financial implications for States engaged in investment treaty claims.
Recent Developments in International Investment Agreements: Negotiations and disputes
This paper examines the recent developments both in International Investment Treaty negotiations and investor-State disputes. It highlights the intense activity in the conclusion of new International Investment Agreements (IIAs) in 2009 and points out trends such as the effect of the entry into force of the Lisbon Treaty, the creation of regional investments areas, and the increase in renegotiation of Bilateral Investment Treaties (BITs), among others. The paper points out the continuing rise of investment treaty claims and the large number of dispute settlements as the important trends in investor-State disputes.