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ITN Quarterly March 2024

Insights ISDS and Fossil Fuels: What role for a carveout?, by Lukas Schaugg, Suzy Nikièma, and Nathalie Bernasconi Successful Regional Investment Negotiations as a tool for IIAs Reform: A Multi-Identity […]

Investor–State Dispute Settlement and Fossil Fuels: What role for a carveout?

  Last week, the Organisation for Economic Co-operation and Development (OECD) hosted its 9th annual Investment Treaty Conference on “Supporting the Global Energy Transition: Methods to align investment treaties with […]

Successful Regional Investment Negotiations as a Tool for IIA Reform: A multi-identity perspective

Egypt is considered a prime model of a historically multi-identity country that has always tried to attain balance and consistency in its foreign policy, including its economic pillar, between different […]

ICSID tribunal rejects Spanish power company claims – no legitimate expectations of market framework improvement

Orazul International España Holdings S.L. v Argentine Republic, ICSID Case No. ARB/19/25, Award, 14 December 2023 The ICSID tribunal issued its award in the Orazul case. The tribunal rejected all […]

The ICSID Tribunal’s decision in BSG Resources v. Guinea concludes that the mining licences were obtained through corruption

BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SÀRL v. Republic of Guinea (I), ICSID Case No. ARB/14/22 Summary BSG Resources Limited (in administration), BSG […]

ICSID tribunal upholds Guatemala’s preliminary objection against the import of 10 umbrella clauses through an MFN clause while rejecting and joining to the merits the remaining preliminary objections raised by the state

Grupo Energía Bogotá S.A. E.S.P. and Transportadora de Energía de Centroamérica S.A. v. Republic of Guatemala, ICSID Case No. ARB/20/48, Decision on Preliminary Objections, November 24, 2023 Summary The companies […]

ICSID tribunal finds Hungary in violation of its BIT obligations and awards damages to Sodexo Pass International

Sodexo Pass International SAS v. Hungary, Award, ICSID Case No. ARB/14/20 Summary In 2014, Sodexo Pass International filed an ICSID claim against Hungary, alleging breaches of the latter’s obligations under […]

An ICSID tribunal further restricts the scope of security for costs applications

Vercara LLC (formerly Security Services LLC, formerly Neustar, Inc) v. Republic of Colombia, ICSID Case No. ARB/20/7, Decision on security for costs, September 27, 2023 Summary The decision concerns security […]

News  |  April 2, 2024

UNCITRAL 46th Session zoned in on the Advisory Centre for Investment Dispute Resolution

On 22-26 January 2024, UNCITRAL Working Group III on Reform of ISDS held its 47th session in Vienna. The majority of the session was devoted to the Draft Statute of […]

News  |  April 2, 2024

EU and Canada issue joint interpretative statements on CETA investment standards

The 4th Joint Committee of the EU-Canada Comprehensive Economic Trade Agreement (CETA) held its meeting on 9 February, 2024, leading to, among other things, a joint interpretation on investment. The […]

News  |  April 2, 2024

New withdrawals from the ECT

On 22 February 2024, the UK government announced that it is leaving the ECT after the failure of efforts to align it with net zero. The withdrawal announcement by Slovenia […]

News  |  April 2, 2024

Annual WTO Ministerial Conference wraps up in Abu Dhabi

The 13th Ministerial Conference (MC13) of the WTO took place on 26 February-2 March 2024, in Abu Dhabi, United Arab Emirates, with close to 4,000 participants. The ministers ended the […]

News  |  April 2, 2024

OECD Conference discussed climate action carveout from ISDS

On 11 March, 2024, the OECD held its 9th Investment Treaty Conference focusing on methods to align investment treaties with the Paris Agreement. The main reform proposal discussed was a […]

News  |  April 2, 2024

UNIDROIT and ICC are working on investment contract harmonisation

On 13-15 March, 2024, the UNIDROIT and ICC Institute of World Business Law Working Group on International Investment Contracts held its Second session in Paris. The Working Group, composed mostly […]

Awards  |  January 13, 2024

Another tribunal to reject the Achmea-based jurisdictional objection

Adria Group B.V. and Adria Group Holding B.V. v. The Republic of Croatia, Decision on Intra-EU Jurisdictional Objection, ICSID Case No. ARB/20/6

News  |  January 13, 2024

UN General Assembly Resolution on Tax Convention

Based on a draft resolution submitted by Nigeria on behalf of the African Group, the recent United Nations (UN) General Assembly resolution on the UN tax treaty aims to bolster […]

News  |  January 13, 2024

UNCITRAL Working Group III continued its work in Vienna during its 46th session

In October 2023, UNCITRAL delegates to Working Group III gathered again in Vienna to continue their work on ISDS reform. Two topics were discussed—(i) draft provisions on the establishment of […]

News  |  January 13, 2024

UNCTAD’s World Investment Forum

From October 15 to 20, 2023, UNCTAD organized its eighth World Investment Forum in Abu Dhabi. The World Investment Forum highlighted global investment challenges and opportunities. Discussions focused on sustainable […]

News  |  January 13, 2024

British court upholds Nigeria’s challenge against controversial mega-award

The English High Court upheld Nigeria’s challenge against controversial awards in favour of Process & Industrial Developments Limited (P&ID) by finding significant irregularities in the arbitration process. The arbitration awards […]

News  |  January 13, 2024

High-profile coal phase-out intra-EU arbitration discontinued

As we reported earlier, in 2021, the German energy company RWE filed for a controversial ECT arbitration challenging the Netherlands’ coal phase-out. In the context of the arbitration, the Netherlands […]

News  |  January 13, 2024

EU respondent in one of the arbitrations brought by an oil-refining group

EU appears as a respondent in one of the three arbitrations brought by oil-refining companies belonging to Klesch Group (here, here, and here). It has been reported that the trio […]

News  |  January 13, 2024

Billionaire Clive Palmer files another arbitration against Australia

The Singapore company Zeph Investments Pte, owned by Australian billionaire Clive Palmer, has reportedly filed a notice of intention to commence arbitration against Australia based on the Singapore–Australia Free Trade […]

ITN  |  March 30, 2022


Complex Designers and Emergent Design: Reforming the Investment Treaty System Anthea Roberts and Taylor St John, American Journal of International Law, 116(1), 96–149. Sept 2021 Available here. Overview of Contract […]