News

News  |  April 24, 2018

Council of the European Union adopts negotiating directives: EU Commission to negotiate a convention establishing a multilateral investment court

On March 20, 2018, the Council of the European Union adopted negotiating directives authorizing the European Commission to negotiate a convention establishing a multilateral court for the settlement of investment disputes.

News  |  April 24, 2018

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) signed

On March 8, 2018, the CPTPP was signed in Santiago, Chile. The free trade agreement involves 11 countries in the Pacific region: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

News  |  April 24, 2018

RCEP to discuss investment in July; conclusion of agreement expected in 2018

On March 3, 2018, ministers from the 16 participating countries of the Regional Comprehensive Economic Partnership (RCEP) attended the 4th RCEP Intersessional Ministerial Meeting in Singapore.

News  |  April 24, 2018

Investment for sustainable development through public–private partnerships (PPPs): IISD and UNCTAD host joint workshops in Nairobi

On February 6, 2018, the International Institute for Sustainable Development (IISD) and the United Nations Conference on Trade and Development (UNCTAD) co-organized two half-day workshops on Harnessing Investment for Sustainable Development Through Public–Private Partnerships (PPPs) in Infrastructure and Public Services in Nairobi, Kenya.

News  |  December 21, 2017

EU–Japan EPA negotiations finalized without investment; EU–Mexico updated FTA nears completion

On December 8, 2017, European Commission President Jean-Claude Juncker and Japanese Prime Minister Shinzo Abe announced the finalization of the negotiations of the Economic Partnership Agreement (EPA) between the European Union and Japan.

News  |  December 21, 2017

UNCITRAL Working Group III holds first meeting on possible reform of ISDS

During the week of November 27–December 1, 2017, Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) held its first meeting on possible reform of investor–state dispute settlement (ISDS).

News  |  December 21, 2017

EU continues efforts toward establishing multilateral investment court, despite sharp criticism

Beyond advancing its Investment Court System (ICS) proposal in bilateral negotiations, the European Union continues its efforts toward establishing a multilateral investment court (MIC).

News  |  December 21, 2017

NAFTA 2.0: Canada, Mexico and U.S. negotiation rounds move into the first quarter of 2018

The three parties to the North American Free Trade Agreement (NAFTA) held the third, fourth and fifth rounds of renegotiation (Ottawa, September 23–27; Arlington, October 11–17; and Mexico City, November 17–21). The next round of NAFTA renegotiations is scheduled for January 23–28, 2018 in Montreal.

News  |  December 21, 2017

RCEP partners miss third deadline and push negotiations through November 2018

Participating countries of the Regional Comprehensive Economic Partnership (RCEP) held the 20th round of negotiations in Incheon, Korea, from October 17 to 28, 2017.

News  |  December 21, 2017

TPP-11 ministers agree on core elements of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

On November 11, 2017, in Da Nang, Vietnam, ministers of Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam “agreed on the core elements of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).”

News  |  December 21, 2017

Belgium requests CJEU for an opinion on the compatibility of ICS in CETA with EU law

On September 6, 2017, Belgium submitted to the Court of Justice of the European Union (CJEU) a request for an opinion on the compatibility of the ICS with the European Treaties.

News  |  September 26, 2017

Canada, Mexico and United States hold first rounds of NAFTA renegotiation

Following U.S. President Trump’s initiative to renegotiate the NAFTA, the first round of negotiation took place in Washington, D.C. from August 16–20, 2017 and the second in Mexico City from September 1–5, 2017.

News  |  September 26, 2017

Report on third-party funding in international arbitration opened for public comment

The International Council for Commercial Arbitration (ICCA)–Queen Mary Task Force on Third-Party Funding in International Arbitration opened its draft report for public comment.

News  |  September 26, 2017

HKIAC invites comments on including investment arbitration provisions in revised rules

The Rules Revision Committee of the Hong Kong International Arbitration Centre (HKIAC) invited  public comments on proposed amendments to the 2013 HKIAC Administered Arbitration Rules.

News  |  September 26, 2017

EU launches consultation on prevention and resolution of intra-EU investment disputes

On July 31, 2017 the European Commission launched a consultation on the prevention and amicable resolution of disputes between investors and public authorities within the European Union.

News  |  September 26, 2017

UNCITRAL receives mandate to work on ISDS reform; Transparency Convention to enter into force on October 18, 2017

On July 14, 2017, the United Nations Commission on International Trade Law (UNCITRAL) entrusted its Working Group III with a broad mandate to work on the possible reform of investor–state dispute settlement (ISDS).

News  |  September 26, 2017

Canada–EU CETA to be provisionally applied as of September 21, 2017

After Canada’s ratification of the Comprehensive Economic and Trade Agreement (CETA) on May 17, 2017, Canada and the European Commission agreed to start the provisional application of the agreement on September 21, 2017.

News  |  September 26, 2017

EU and Japan reach agreement in principle on EPA; ISDS remains fully open

The European Union and Japan announced on July 6, 2017 that they reached an agreement in principle on the main elements of an Economic Partnership Agreement (EPA).

News  |  June 12, 2017

TPP-11 to move forward; United States to focus on bilateral negotiations and NAFTA

Trade ministers from 11 signatory countries of the Trans-Pacific Partnership met on May 21, 2017 in Hanoi, Vietnam, to discuss the future of the agreement during an APEC meeting.

News  |  June 12, 2017

Ecuador denounces its remaining 16 BITs and publishes CAITISA audit report

Ecuadorian President Rafael Correa formalized Ecuador’s withdrawal on May 16, 2017 from BITs concluded with 16 countries.

News  |  June 12, 2017

EU General Court annuls Commission decision that refused registration of “Stop TTIP”

In September 2014, the European Commission refused to register a petition signed by over three million EU citizens requesting the Commission to stop trade and investment negotiations with the United States and refrain from concluding the CETA with Canada.

News  |  June 12, 2017

ECJ rules that European Union–Singapore FTA requires ratification by EU member states

The European Court of Justice published its Opinion 2/15 on the European Union–Singapore FTA on May 16, 2017.

News  |  June 12, 2017

India opposes “trade and investment facilitation” item in WTO General Council agenda

A meeting of the WTO General Council was suspended on May 10, 2017 after India objected to the adoption of the proposed agenda, which included a “trade and investment facilitation” item.

News  |  March 13, 2017

SIAC Investment Arbitration Rules come into effect; new SCC rules include appendix on investment treaty disputes

On January 1, 2017, the Investment Arbitration Rules of the Singapore Investment Arbitration Centre (SIAC) came into effect. Among the highlights are provisions on early dismissal of claims and defences, submissions by non-disputing parties and mandatory disclosure of third-party funding arrangements. The tribunal may consider such arrangements when apportioning costs. The 2017 Arbitration Rules of the Stockholm Chamber […]

News  |  March 13, 2017

CETA approved by EU Parliament; provisional application depends on ratification by Canada

On February 15, 2017, the European Parliament approved the Comprehensive Economic and Trade Agreement (CETA), signed by Canada and the European Union on October 30, 2016 after seven years of negotiations. The agreement was approved by 408 Members of the European Parliament and rejected by 254, with 33 abstentions. As reported in ITN, this approval paves the […]

News  |  March 13, 2017

Trump pulls United States out of TPP; intends to pursue bilateral agreements

On January 23, 2017, fulfilling a campaign pledge, U.S. President Donald Trump formally withdrew the United States from the Trans-Pacific Partnership (TPP), signed in February 2016. The Trump administration indicated that it would pursue bilateral agreements instead. In his campaign, the U.S. President also promised to renegotiate the North American Free Trade Agreement (NAFTA) with Canada and Mexico. In a meeting […]

News  |  March 13, 2017

European Union and Canada co-host discussions on a multilateral investment court

On December 13 and 14, 2016, the European Commission and the Canadian Government co-hosted exploratory discussions on establishing a multilateral investment court. Government representatives from several countries attended the closed-door meeting in Geneva. Upon concluding CETA, the two hosts had vowed to “work expeditiously” to create a permanent investment court, building on the ICS mechanism included in the agreement. The goal of […]

News  |  March 13, 2017

Following criticisms of CETA, academics propose reforms in EU trade and investment policy and negotiations

On December 5, 2016, the Belgian region of Wallonia published the Namur Declaration, proposing to change EU trade policy and negotiations. The document was initially signed by 40 academics from several countries, including Paul Magnette, Minister-President of Wallonia. The region made the news in October 2016, when its parliament temporarily blocked the approval of CETA by the Belgian […]

News  |  December 12, 2016

Trump election affects mega-regional negotiations including TTIP, TPP and RCEP

In September, EU officials recognized that the negotiations on the EU–U.S. Transatlantic Trade and Investment Partnership (TTIP) were unlikely to be concluded before the end of U.S. President Barack Obama’s mandate.

News  |  December 12, 2016

Brazil and India initial bilateral investment treaty (BIT); text yet to be published 

During the 10th Annual Forum of Developing Country Investment Negotiators, held in Colombo, Sri Lanka, from November 7 to 10, representatives from Brazil and India announced that they had recently initialled a bilateral investment agreement (BIT).

News  |  December 12, 2016

CETA signed; Canada and European Union to “work expeditiously” on creating a Multilateral Investment Court

On October 30, during the 16th European Union–Canada Summit held in Brussels, the two negotiating partners signed the Comprehensive Economic and Trade Agreement (CETA), after seven years of negotiations.

News  |  August 10, 2016

News in Brief

Brexit and contentious topics complicate TTIP negotiations; public opposition continues

EU negotiation agenda to continue despite Brexit; MERCOSUR and Indonesia at sight

United Kingdom makes trade and investment negotiation moves for post-Brexit era

CETA to be concluded as a mixed agreement; commission hopes for signing in october

RCEP partners conclude 13th negotiating round in auckland; three further rounds in 2016

India takes steps to reform its investment policy framework after approving new model bit

News  |  August 10, 2016

Brexit and contentious topics complicate TTIP negotiations; public opposition continues

The 14th round of Transatlantic Trade and Investment Partnership (TTIP) negotiations was held in Brussels from July 11 to 15, 2016.

News  |  August 10, 2016

EU negotiation agenda to continue despite Brexit; MERCOSUR and Indonesia at sight

Despite the uncertainties in TTIP negotiations, EU Trade Commissioner Cecilia Malmström said they would survive Brexit, and is pushing to conclude negotiations before U.S. President Barack Obama leaves office in early 2017.

News  |  August 10, 2016

United Kingdom makes trade and investment negotiation moves for post-Brexit era

On July 8, 2016, Sajid Javid, former Business Secretary for the United Kingdom, launched preliminary talks with India on a future trade relationship between the two countries as soon as Britain formally leaves the European Union.

News  |  August 10, 2016

CETA to be concluded as a mixed agreement; Commission hopes for signing in October

On July 5, 2016, the European Commission proposed to the Council that the Canada–European Union CETA—agreed to in 2014 and re-concluded in February 2016—be signed as a “mixed agreement,” requiring signature and ratification by each of the EU member states.

News  |  August 10, 2016

RCEP partners conclude 13th negotiating round in Auckland; three further rounds in 2016

The 13th round of negotiations for a Regional Comprehensive Economic Partnership (RCEP) was held in Auckland, New Zealand, from June 12 to 18, 2016. The International Centre for Trade and Sustainable Development (ICTSD) reports that all countries have now submitted initial offers for trade in goods and services, and initial lists of reservations for investment. Negotiations—with further rounds […]

News  |  August 10, 2016

India takes steps to reform its investment policy framework after approving new model BIT

India has started to send official notices to terminate bilateral investment treaties (BITs) to 57 partner countries with which it has BITs that have already expired or will expire in the near future. Moreover, to the 25 countries with which India has BITs with initial durations expiring from July 2017 onward, India has started to propose signing joint […]

News  |  May 16, 2016

US$50 billion awards against Russia in Yukos cases are set aside by Dutch court

In a judgment dated April 20, 2016, the District Court of The Hague, in the Netherlands, set aside awards that had ordered Russia to pay US$50 billion to the shareholders of Yukos, a bankrupt oil company.

News  |  May 16, 2016

TTIP draft to be prepared by July; ISDS being built based on both EU and U.S. proposals

Officials from the European Union and the United States gathered in Brussels for the 12th round of negotiations over the Transatlantic Trade and Investment Partnership (TTIP) from February 22 to 26.

News  |  May 16, 2016

China–United States BIT: ISDS to be included; ongoing negotiations on negative lists

Since 2008, China and the United States have undergone 24 negotiation rounds for a bilateral investment treaty (BIT).

News  |  May 16, 2016

Three mining disputes: the first investment disputes against Colombia come to light

On February 19, 2016, Cosigo Resources (Canada) and Tobie Mining and Energy (United States) submitted an arbitration request against Colombia under the Free Trade Agreements (FTAs) concluded by Colombia with the United States and Canada.

News  |  May 16, 2016

Canada–European Union CETA re-concluded in February to incorporate EU ICS proposal

Responding to EU requests, Canadian and EU officials reopened negotiations of the Comprehensive Economic and Trade Agreement (CETA) concluded in 2014 to reformulate the agreement’s investor–state dispute settlement (ISDS) clause. Re-concluded on February 29, the CETA now includes a standing tribunal and an appeals mechanism, in line with the EU ICS proposal, also included in the […]

News  |  May 16, 2016

Second ICSID claim filed against Uruguay; Philip Morris decision still pending 

On March 24, the International Centre for Settlement of Investment Disputes (ICSID) registered (Case No. ARB/16/9) a request for arbitration filed by U.S. telecom company Italba against Uruguay.

News  |  May 16, 2016

Singapore International Arbitration Centre releases investment arbitration rules

On February 1, 2016, the Singapore International Arbitration Centre (SIAC) released draft rules tailored to investment arbitration (Draft SIAC Rules), to be finalized in May following public consultation.

News  |  February 29, 2016

Trans-Pacific Partnership agreement signed in Auckland; UN independent expert calls on states to safeguard regulatory space

On February 4, 2016, trade ministers from twelve Pacific Rim nations met in Auckland, New Zealand, to sign the Trans-Pacific Partnership (TPP) agreement.

News  |  February 29, 2016

UNASUR Arbitration Centre one step closer to being established

On January 19, 2016, experts from the Union of South American Nations (UNASUR) met in Montevideo, Uruguay, to finalize agreements regarding the proposed regional centre for the settlement of investment disputes.

News  |  February 29, 2016

Commission attempts to reopen CETA negotiations with Canada to revisit ISDS

EU officials are said to have requested the new Canadian federal government to revisit the ISDS clause in the Comprehensive Economic and Trade Agreement (CETA), according to reports by CBC News on January 21, 2016.

News  |  February 29, 2016

Germany’s judges and public prosecutors reject proposed investment court system in TTIP

In a statement issued in early February 2016, the German Association of Judges (known by its German acronym, DRB) firmly rejected the proposal published by the European Commission on September 16, 2015 to establish an Investment Court System (ICS) under the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States.

News  |  February 29, 2016

Standing tribunal included in European Union–Vietnam FTA 

On December 2, 2015, the European Union and Vietnam signed a free trade agreement (FTA), closing three years of negotiations.