ITN December 2022


  • Signalling Virtue: Claimant’s use of sustainable development in ISDS. Read
  • Screening of Chinese Investments Itensifies. Read
  • VCLT’s Article 62: A valid basis for withdrawing from the ECT. Read

News in brief

  • AfCFTA Protocol on Investment was concluded. Read
  • ECT vote and withdrawals. Read
  • WTO Investment Facilitation is approaching a stabilized negotiating text. Read
  • Irish Supreme Court weighs in on CETA constitutionality. Read
  • Dutch court denies compensation to RWE and Uniper. Read
  • EU and Angola conclude Sustainable Investment Facilitation Agreement—the first EU agreement of this kind. Read

Awards and decisions

  • Bolivia found liable for violating the FET standard and the prohibition to adopt arbitrary measures when implementing nationalization on the pension system. Banco Bilbao Vizcaya Argentaria S.A. v. Bolivia, ICSID Case No. ARB(AF)/18/5. By Marina Montero Frasson. Read
  • Tribunal finds Spain’s changes to its regulatory regime to have violated investors’ legitimate expectations under ECT’s Art. 10(1). Mathias Kruck and others v. Kingdom of Spain, ICSID Case No. ARB/15/23. By Raza Ali. Read
  • Tribunal decides on who may properly represent Venezuela in arbitration. Venezuela Holdings, B.V., et al (case formerly known as Mobil Corporation, Venezuela Holdings, B.V., et al.) v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/27. By Aishwarya Suresh Nair. Read