News

News  |  December 21, 2018

UNCITRAL Working Group III decides that multilateral reform of ISDS desirable; governments to submit proposals to develop work plan for reform

UNCITRAL Working Group III continued discussions on possible reform of investor–state dispute settlement (ISDS) at its 36th session, held October 28–November 2, 2018 in Vienna.

News  |  December 21, 2018

Judges of the International Court of Justice decide to no longer participate as arbitrators in ISDS cases

In a speech to the United Nations General Assembly on October 25, 2018, Judge Abdulqawi Yusuf, President of the International Court of Justice (ICJ), mentioned that the court has decided to restrict the practice of allowing members to serve in arbitral tribunals.

News  |  October 17, 2018

NAFTA 2.0 finalized, announced as USMCA: Mexico, United States agree to limit ISDS clause; Canada to pull out of ISDS after a three-year window

On September 30, 2018, U.S. Trade Representative (USTR) Robert Lighthizer and Canadian Foreign Affairs Minister Chrystia Freeland announced that the two countries had reached an agreement, alongside Mexico, on a modernized trade deal.

News  |  October 17, 2018

UNCITRAL Working Group III to continue debate on possible multilateral reform of ISDS

UNCITRAL Working Group III is scheduled to continue discussions on possible reform of ISDS at its 36th session, to be held October 29–November 2, 2018 in Vienna.

News  |  October 17, 2018

Canadian government launches consultation on Canada’s foreign investment promotion and protection agreements (FIPA), open until October 28, 2018

Canadian Minister of International Trade Diversification Jim Carr announced on August 14, 2018 the launch of a public consultation on Canada’s BITs, known as foreign investment promotion and protection agreements (FIPAs).

News  |  October 17, 2018

UN Working Group on Business and Human Rights hosts 4th session October 15-19, 2018

The fourth session of the Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights will take place October 15–19, 2018 in Room XX of the Palais des Nations in Geneva.

News  |  October 17, 2018

Over 300 U.S. state legislators strongly support USTR’s efforts to remove ISDS from NAFTA

In a September 12, 2018 letter, 312 legislators—including Democrats as well as Republicans—from all 50 U.S. states wrote that they “strongly support” U.S. Trade Representative (USTR) Robert Lighthizer’s efforts to remove ISDS from NAFTA.

News  |  October 17, 2018

Reduced scope of application of ISDS in RCEP; negotiating partners still aim at end-2018

After an RCEP negotiation round held in Singapore in late August 2018, most negotiating partners are reported to have agreed to reduce the scope of application of the ISDS clause.

News  |  July 30, 2018

UNCITRAL Working Group III continues debate on ISDS concerns and multilateral reform

Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) continued discussions on possible reform of investor–state dispute settlement (ISDS) at its 35th session, held April 23–27, 2018 in New York.

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

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

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

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 […]

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 […]

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 […]

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 […]

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