Enforcement

UNASUR Centre for the Settlement of Investment Disputes: Comments on the Draft Constitutive Agreement

The future operation of the investment dispute settlement facility of the Union of South American Nations is likely to generate scepticism, as it could undermine international standards in favour of regional parameters and lead to increased instability in the region. Alternatively, it could enhance the legitimacy and popularity of ISDS mechanisms in UNASUR member states. What are the procedural and substantive novelties contained in the Draft Constitutive Agreement?

Analysis of the European Commission’s Draft Text on Investor-State Dispute Settlement for EU Agreements

With the European Union’s Lisbon Treaty, in force since December 2009, foreign direct investment fell under the exclusive competence of the European Union (EU). Since then the three European institutions—the […]

ITN  |  April 13, 2012

Case Note: How Chevron v. Ecuador is Pushing the Boundaries of Arbitral Authority

The arbitral tribunal in Chevron v. Ecuador[1] has taken a series of steps in recent months suggesting that it has a broad view of its authority. But while it may […]

ITN  |  October 7, 2011

News in Brief

More legal woes for Canada’s Feed-in Tariff program for renewable energy Canada could soon be faced with arbitration for alleged breach of its obligations under the North American Free Trade […]

ITN  |  July 12, 2011

Awards and Decisions

Swiss claimant fails jurisdictional stage for not qualifying as an ‘investor’ Alps Finance and Trade AG v. Slovak Republic Damon Vis-Dunbar A claim against the government of Slovakia has failed […]