News

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.

News  |  February 29, 2016

Ecuador’s audit on investment treaties: CAITISA reports leaked

Three reports by CAITISA, Ecuador’s citizen audit commission on bilateral investment treaties (BITs), were leaked by online newspaper Diagonal on January 24, 2016.

News  |  February 29, 2016

European Commission gives in to pressures for increased transparency of TTIP texts

All 751 Members of the European Parliament (MEP) will have comprehensive access to all confidential documents relating to TTIP negotiations.

News  |  February 29, 2016

Philip Morris fails in PCA arbitration against Australia over plain packaging laws

On December 17, 2015, a tribunal at the Permanent Court of Arbitration (PCA) issued its jurisdictional award in the case of tobacco giant Philip Morris against Australia over the country’s tobacco plain packaging legislation.

News  |  February 29, 2016

TransCanada initiates NAFTA arbitration against the United States over rejection of Keystone XL pipeline

On January 6, 2016, TransCanada initiated arbitration against the United States for “unreasonably delaying approval” of the proposed Keystone XL pipeline and ultimately denying, in November 2015, the company’s application for the required Presidential Permit.

News  |  November 26, 2015

News in Brief

UN Independent Expert Alfred de Zayas recommends abolishing current ISDS regime

Investment Court System proposed by European Commission

Deal reached on Trans-Pacific Partnership

EU–U.S. negotiations: ISDS on hold and controversy on a leaked EU proposal for the sustainable development chapter; secrecy in TTIP negotiations still a concern

News  |  November 26, 2015

UN Independent Expert Alfred de Zayas recommends abolishing current ISDS regime

In a report circulated on August 5, 2015, UN Independent Expert on the promotion of a democratic and equitable international order, Alfred-Maurice de Zayas, recommended that states abolish the existing investor–state dispute settlement (ISDS) system.

News  |  November 26, 2015

Investment Court System proposed by European Commission

On September 16, 2015, the European Commission published its proposal on Investment Protection and Resolution of Investment Disputes and Investment Court System.

News  |  November 26, 2015

Deal reached on Trans-Pacific Partnership

On October 5, 2015, trade ministers reached agreement on the Trans-Pacific Partnership (TPP).

News  |  November 26, 2015

EU–U.S. negotiations: ISDS on hold and controversy on a leaked EU proposal for the sustainable development chapter; secrecy in TTIP negotiations still a concern

From October 19 to 23, 2015, EU and U.S. officials conducted the 11th round of TTIP negotiations in Miami, United States.

News  |  August 4, 2015

News in Brief

Binding instrument on business and human rights: Working Group holds its first session

European Parliament supports TTIP, but rejects current ISDS model

Bolivia promulgates Conciliation and Arbitration Law with regime for investor–state disputes 

European Commission requests Member States to terminate intra-EU BITs

China signs FTAs with South Korea and Australia, conducts new round of BIT negotiation with United States

News  |  August 4, 2015

Binding instrument on business and human rights: Working Group holds its first session

From July 6 to 10, 2015, a UN working group convened its first meeting in Geneva, Switzerland, to discuss a legal instrument on human rights and transnational corporations.

News  |  August 4, 2015

European Parliament supports TTIP, but rejects current ISDS model

On July 8, 2015, the European Parliament adopted a non-binding resolution guiding the European Commission on the negotiations of the Transatlantic Trade and Investment Partnership (TTIP) with the United States.

News  |  August 4, 2015

Bolivia promulgates Conciliation and Arbitration Law with regime for investor–state disputes 

On June 25, 2015, Bolivian President Evo Morales promulgated Law No. 708 on Conciliation and Arbitration, creating a Special Arbitration Regime for resolving investor-state disputes.

News  |  August 4, 2015

European Commission requests Member States to terminate intra-EU BITs

On June 18, 2015, the European Commission initiated infringement proceedings against Austria, the Netherlands, Romania, Slovakia and Sweden, formally requesting them to terminate their bilateral investment treaties (BITs) with other EU Member States.

News  |  August 4, 2015

China signs FTAs with South Korea and Australia, conducts new round of BIT negotiation with United States

On June 1, 2015, China and South Korea signed a free trade agreement (FTA), after three years of negotiations. Later, on June 17, China entered into another landmark FTA with Australia, concluding decade-long negotiations.

News  |  May 21, 2015

European Commission addresses TTIP concerns at European Parliament meeting

At a March 18, 2015 meeting at the European Parliament’s International Trade Committee, EU Trade Commissioner Cecilia Malmström presented four “preliminary ideas” to address public concerns about investment in the Transatlantic Trade and Investment Partnership (TTIP) in negotiation between the European Union and the United States. To prevent conflicts of interest resulting from the dual […]

News  |  May 21, 2015

TPP Investment Chapter: Re-edition of U.S. BIT, with ISDS carve-outs

A January 20, 2015 negotiating draft of the Investment Chapter of the Trans-Pacific Partnership Agreement (TPP) was leaked on March 25, 2015. The TPP has been under negotiation for five years by Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Since the draft texts are not shared […]

News  |  May 21, 2015

India releases Model BIT for comments; United States pushes for negotiations 

The Indian government published a draft of its model bilateral investment treaty (BIT) for public comment on March 24, 2015. By April 11, the deadline for submission, 185 comments were posted on the government’s online forum. The new text is set to replace the country’s 1993 model Bilateral Investment Promotion and Protection Agreement (BIPA) and […]

News  |  May 21, 2015

UNCITRAL Transparency Convention opened for signature in Mauritius

The United Nations (UN) Convention on Transparency in Treaty-based Investor–State Arbitration was opened for signature in an official ceremony on March 17, 2015 in Mauritius. Now also known as the Mauritius Convention on Transparency, the treaty results from the work of the UN Commission on International Trade Law (UNCITRAL) on transparency in investment arbitration dating […]