ITN Issue 3, 2026
Analyses
- Screening the Screeners: The New EU Foreign Investment Regulation meets the old-generation investment treaties, by Josef Ostransky
- The Unregulated Rise of Award Monetization, by Lukas Schaugg
- Pricing the Energy Transition: A tribunal decided to discount an award based on the regulatory uncertainty brought by the energy transition, by José Ryb
- Climate Considerations in Environmental Impact Assessments: Strengthening state defences in investment arbitration, by Nicolò Andreotti
- Chabahar’s Exit Structure and the Unexamined BIT Question, by Prachi Shrivastava
Awards
- Climate accountability in the fossil fuel industry: ICSID tribunal orders Niko to compensate BAPEX for the 2005 Chattak blowouts, including carbon sequestration costs, Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited (“Bapex”) and Bangladesh Oil Gas and Mineral Corporation (“Petrobangla”), ICSID Case No. ARB/10/11, by Aecaterini Loizidou
- English court sets aside in part an investment treaty award in favour of a Samsung C&T shareholder, Republic of Korea v. Elliott Associates LP (2026) EWHC 368 (Comm), 23 February 2026, by Adeyemi Gomes
- The Hague Court of Appeal Annuls Intra-EU BIT Awards Ex Officio and Enjoins the Investors From Bringing New Arbitration Claims under the Treaty; WCV Capital Ventures Cyprus Limited and Channel Crossings Limited v. The Czech Republic (PCA Case No 2016-12; Court of Appeal of The Hague, Judgment of 24 March 2026), by Beichen Ding
- ICSID tribunal rejects Honduras’ attempt to condition CAFTA-DR consent on the exhaustion of local remedies; Honduras Próspera Inc., St. John’s Bay Development Company LLC, and Próspera Arbitration Center LLC v. Republic of Honduras, ICSID Case No. ARB/23/2, Decision on Preliminary Objections Under Article 10.20.5 of CAFTA-DR (February 26, 2026), by Ifeoluwa Oyemade
News
- United States Declines to Renew USMCA at First Joint Review, Triggering Annual Reviews
- UNCITRAL Finalizes Advisory Centre Statute and Adopts New ISDS Procedural Provisions
- Singapore Bids to Host the Multilateral Investment Tribunal Under Negotiation at UNCITRAL
- US Supreme Court Refuses to Hear Spain and Russia, Cementing Award Enforcement in US Courts
- UK Supreme Court Rules States Cannot Invoke Immunity Against Registration of ICSID Awards
- World Investment Report 2026: FDI Recovers to USD 1.6 Trillion but Concentration Deepens
- ExxonMobil Serves ECT Notice of Dispute on the European Union Over Carbon Capture Obligations
- European Commission Sends EU-Indonesia Trade and Investment Protection Agreements for Signature
- Singapore High Court Enforces Intra-EU ICSID Award Against Spain
- Netherlands Faces New Treaty Claim as Petrogas Challenges Windfall Levy and Royalty Increases
- Barrick and Mali Implement Settlement Ending ICSID Dispute Over Loulo-Gounkoto
- Court-Ordered Sale of Citgo’s Parent Contested as Venezuela Appeals and OFAC Withholds Clearance
- UNIDROIT and ICC Open Public Consultation on Draft Instrument for International Investment Contracts
- ICSID Publishes First Background Paper on Contract-Based Arbitration and Revised Model Clauses
- Mauritius Convention on Transparency Enters Into Force for the European Union
- India’s Revised Model BIT Reaches Final Stages Ahead of Cabinet Approval
- European Commission Opens State Aid Investigation Into Spain’s Payment of an Extra-EU ECT Award
