On the importance of defining “frivolous” claims in ISDS

The efforts to modernize the ECT and the hidden cost of non-derogation clauses

The conflict between traditional miners in Marmato and Canadian transnational mining companies: Another ISDS dispute over natural resources in Colombia

The human rights case for robust “in accordance with domestic law” provisions in Africa’s international investment law

How the Energy Charter Treaty risks undermining the outcomes of COP 26

News in Brief

The new Work Programme on the Future of Investment Treaties at the OECD

Another round of ECT negotiations

Dissent in Odyssey v. Mexico

European Commission proposes directive for corporate due diligence on climate, human rights

Structured discussions on investment facilitation: Developments over the last 4 months

UNCITRAL Working Group III continues its work on ISDS reform at its 42nd session

Awards and Decisions

Arbitral tribunal finds Guatemala’s decision not to treat “binding tax opinions” as binding in accordance with FET and MFN provisions, and not an impairment by unreasonable measures

Arbitrators in Casinos Austria v. Argentina take varying approaches to the respondent’s exercise of police powers

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