Report
Risks for Host States of the Entwining of Investment Treaty and Contract Claims: Dispute Resolution Clauses, Umbrella Clauses, and Forks-in-the-Road
The Best Practice Advisory Bulletin aims to uncover the defects in IIA drafting that enable investors to forum-shop, to initiate multiple proceedings and to internationalize their contractual and administrative disputes. Second, it aims to show how IIA provisions can be simply drafted so as to minimize involuntary host state exposure to this triple threat. The Bulletin finds that the majority of IIAs surveyed utilize a very broad definition of "dispute" in their dispute resolution clauses, that they contain some form of umbrella clause and lack an effective fork-in-the-road clause. This leaves capital-importing States that are party to these IIAs highly exposed.
You might also be interested in
Strategic Environmental Assessment for the Mining Sector
Strategic environmental assessments (SEA) are an essential tool for policy-makers working to develop a sector-wide vision for responsible mining.
Blackouts and Backsliding: Energy subsidies in South Africa 2023
Blackouts and Backsliding presents the latest energy subsidy data for South Africa.
Sustainable Asset Valuation of Parques del Río Norte in Medellín, Colombia
This economic valuation demonstrates the benefits of expanding urban green space in the city of Medellín, Colombia.
Progressing National SDGs Implementation
An independent assessment of the voluntary national review reports submitted to the United Nations High-level Political Forum on Sustainable Development in 2023.