Modernizing the Energy Charter Treaty: What about termination?

UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform

The Revised Draft of a Treaty on Business and Human Rights: Ground-breaking improvements and brighter prospects

ICSID Rule Amendment: An attempt to remedy some of the concerns regarding ISDS identified by UNCITRAL WG III

Judgment C-252 of 2019 of the Constitutional Court of Colombia: Change of precedent on the control of BITs

News in Brief

UNCITRAL secretariat publishes documents to be considered at October 2019 session of Working Group III on ISDS reform

ICSID rule amendment process: Third working paper released in August 2019, consultation with states scheduled for November 2019, approval expected for October 2020

RCEP ministers: 2019 deal in sight, market access talks advancing swiftly

EU–China investment negotiations: Advances on national treatment, financial services

Investment facilitation: WTO members involved take stock of progress, look to intensify work

African Continental Free Trade Agreement (AfCFTA) operational phase kicks off, with eyes on implementation and Phase II talks, including investment

Energy Charter Treaty: EU Council endorses negotiating directives for Brussels

Awards and Decisions

Spain held liable for breach of FET under the ECT for frustrating legitimate expectations of 9REN, a Luxembourg-based renewable energy investor

Spain is ordered to pay damages of EUR 290.6 million in NextEra renewable energy case

Clorox’s claims against Venezuela are dismissed on jurisdiction for lack of “action of investing”

Jurisdiction declined in case against Uruguay as ICSID tribunal concludes that American company lacked ownership or control over the investment

In yet another solar energy incentives case against Italy, ECT tribunal applying proportionality test finds breach of legitimate expectations

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