Resources Recent Development’s in Investor-State Dispute Settlement United Nations Conference on Trade and Development, April 2014 UNCTAD’s annual review of investor-State dispute settlement cases, part of the IIA Issues Notes series, provides up-to-date statistical data on treaty-based ISDS cases as well as an overview of arbitral decisions issued in 2013. According to the note, 57 […]
Quarterly Journal (May 2014)
Note: In October of 2005, the Investment Law and Policy News Bulletin was rebranded as Investment Treaty News (ITN). This archive contains past editions of the earlier News Bulletin, as well as more recent editions of ITN.
ICSID tribunal finds jurisdiction over mining license dispute involving British and Australian companies in Indonesia Churchill Mining Plc v. Republic of Indonesia ICSID Case No. & Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/12/14 and ARB/12/14 and 12/40 Matthew A J Levine An ICSID tribunal has accepted jurisdiction over the consolidated […]
UNCITRAL launches new transparency registry The UNCITRAL Secretariat has established a transparency registry that will function as a repository for the publication of information and documents in treaty-based investor-State arbitration. This follows the entry into force of the UNCITRAL Rules on Transparency in treaty-based investor-State arbitration on April 1, 2014. The registry will contain information […]
This brief article provides a critical examination of the tribunal’s decision in Garanti Koza LLP v. Turkmenistan, where the majority took a particularly expansive reading of the MFN clause in the United Kingdom-Turkmenistan BIT.
On January 24, 2014, an ICSID ad-hoc annulment committee dismissed a request by the Argentine Republic to annul a June 2011 arbitral award for harm suffered to an investment in a Buenos Aires water services concession. While this was one of the smaller awards rendered against Argentina, it is nonetheless of utmost significance for Argentina and all countries facing claims under investment treaties.
The recent Australian elections were decided mostly by domestic policy issues, but their outcome had an impact beyond the border as the new government decided to rethink Australia’s somewhat unique view on the international investment regime. In changing course, has the Australian government simply joined the rest of the world?
The International Institute for Sustainable Development studied seventy contracts between states and foreign investors involving long-term leases of farmland. We have come up with our own model contract that we believe answers many of these concerns.
The recent and ongoing trend towards corporate, especially foreign, investment in developing countries’ agricultural sectors has evoked sharply contrasting attitudes. For some, this “rediscovery” of agriculture as a focus of investment provides opportunities to again promote the sector within the larger agenda of economic development. For others, it has raised serious concerns about whether such investments, especially those involving large scale land acquisitions, are conducted in a manner which respects people’s rights, livelihoods and resources.
PDF – English (911 KB) – Français (511 KB) – Español (920 KB) In this issue: The Practice of Responsible Investment Principles in Larger-Scale Agricultural Investments; Foreign Investment in Farmland and Water: 10 Steps for Better Contracts; Improving Investment Treaties through General Exceptions Provisions: The Australian Example; ICSID’s Annulment Decision in Impregilo v. Argentina: Finality […]