ITN Quarterly | October 5, 2020

ITN October 2020

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Insights

Investment Negotiations at the WTO and the IIA Regime: Anticipating unintended interactions, by Nathalie Bernasconi-Osterwalder & Jonathan Bonnitcha
Explaining Ecuador’s shifting position on FDI, investment treaties, and arbitration, by Juan Carlos Herrera-Quenguan
The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act, by Amne Suedi
Side-stepping national courts would be a big step backwards for Europe: A reaction to the EC’s public consultation on EU cross-border investment, by Nathalie Bernasconi-Osterwalder & Sarah Brewin
Assessing outcomes in ISDS, by Sebastian Puerta & Tim R. Samples

UNCITRAL Working Group III sessions to resume in October
CETA faces hurdle after Cypriot parliament fails to ratify the agreement
U.S.–Kenya FTA negotiations underway
European Commission initiates infringement proceedings against the UK and Finland for failing to terminate intra-EU BITs
Investment facilitation talks move to negotiating phase
Update on EU trade and investment agreement negotiations: Indonesia, Mexico, Vietnam, and China
India moves to restrict foreign investment from its neighbours and bans dozens of Chinese apps
EU consultation on cross-border investment within the EU comes to an end
Latest round of talks on ECT modernization yields little progress on “modernization”; European officials call for removal of protection for fossil fuels and ISDS

PCA Tribunal upholds jurisdiction over disputes under India–Japan Comprehensive Economic Partnership Agreement (Nissan Motor Co. Ltd. (Japan) v. India, PCA Case No. 2017-37), by Sarthak Malhotra
All claims dismissed in telecommunications case against Canada: Changes in the regulatory environment did not breach F.E.T. (Global Telecom Holding S.A.E. v. Canada, ICSID Case No. ARB/16/16), by Anna Sands
UNCITRAL tribunal dismisses claims of German aircraft leasing company against the Czech Republic while upholding its jurisdiction over the intra-EU claim (A.M.F. Aircraftleasing Meier & Fischer GmbH & Co. KG v. Czech Republic, PCA Case No. 2017-15), by Sujoy Sur
ICSID annulment committee annuls Eiser v. Spain Award for improper constitution of the tribunal and severe departure from a fundamental rule of procedure (Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36), by Maria Bisila Torao