ITN trimestriel

ITN Quarterly February 2016

(English) TTIP and Climate Change: Low Economic Benefits, Real Climate Risks

Is ISDS in EU Trade Agreements Legal under EU Law?

State Strategies for the Defence of Domestic Interests in Investor–State Arbitration

ITN Quarterly November 2015

PDF – English (930 KB) – Français (931 KB) – Español (933 KB) Features Does the Green Economy Need Investor–State Dispute Settlement? Conciliation and Arbitration Law: Times of Change in Investment Protection in Bolivia Safeguarding Sustainable Development: Financing for Development and the International Investment Regime Negotiations Kick Off on a Binding Treaty on Business and Human Rights News in Brief UN Independent Expert Alfred […]

ITN Quarterly August 2015

PDF – English (810 MB) – Français (817 MB) – Español (813 KB) Features The Brazilian Agreement on Cooperation and Facilitation of Investments (ACFI): A New Formula for International Investment Agreements? Farmland Investments and Water Rights in Africa: The Legal Regimes Converging over Land and Water Working by Design: New Ideas to Empower U.S. and European Workers in TTIP News in […]

ITN Quarterly May 2015

PDF – English (1.83 MB) – Français (1.73 MB) – Español (1.79 MB) In this issue: The Merits and Limitations of General Exception Clauses in Contemporary Investment Treaty Practice Rethinking Investment-Related Dispute Settlement Experts at UNCTAD Meeting Give Shape to IIA Reform Options Investment Law and the 1%: On Which Side of the Divide? The Brazil–Mozambique and Brazil–Angola Cooperation and Investment Facilitation Agreements (CIFAs): A […]

ITN Quarterly February 2015

PDF – English (514 kB) – Français (667 kB) – Español (668 kB) In this issue: State Regulatory Autonomy and Tobacco Control in International Trade and Investment Law Political Change vs. Legal Stability: Problems Arising from the Application of Investment Treaties in Transitions from Authoritarian Rule Everyone’s Doing It: The Acceptance, Effectiveness and Legality of Performance Requirements The International […]

ITN Quarterly December 2010

English (PDF – 400 KB) – Français (PDF – 400 KB) – Español (PDF – 400 KB) In this issue: 2010 midterm congressional elections on the United States; Fairness and independence in investment arbitration; A Global Thirst: How water is driving the new wave of foreign investment in farmland; UNCATD’s 2010 World Investment Forum.

ITN Quarterly September 2010

English (PDF – 400 KB) – Français (PDF – 400 KB) – Español (PDF – 400 KB) In this issue: The European Union’s future international investment policy; Arbitrator appointments in investment arbitration; The transparency requirement in the new UNCITRAL arbitration rules; The IBA’s Model Mining Development Agreement; Bilateral Investment Treaties and Preferential Trade Agreements; Analysis […]

May 2010 ITN

ITN May 2010 In this issue: Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes; German investor awarded 29 million Euros in claim against Thailand over highway concession; ICSID panel denies Ukraine’s challenge to arbitrator; Pan American Energy takes Bolivia to ICSID over nationalization of Chaco Petroleum; Ad hoc committee confirms that Kazakhstan […]

April 2010 ITN

April 2010 In this issue: Tribunal finds Ecuador in breach of BIT for its judiciary’s slow handling of Texaco lawsuits; Tribunal hears additional challenges to its jurisdiction in Railroad Development Corporation v. Republic of Guatemala; Cemex v. Venezuela: provisional measures allowed in circumstances of necessity and urgency; Oil transport company Tidewater Inc. initiates ICSID arbitration […]

March 2010 ITN

March 2010 In this issue: ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceedings; A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements; Ecuadoreans battle battle Chevron in U.S. court over BIT arbitration in long-running environmental damage dispute; Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and […]

February 2010 ITN

ITN February 2010 In this issue: Tribunal’s decision in anticipated Yukos case released to public; ICSID finds that corruption has no place in annulment proceedings; Consortium building new Quito airport takes Ecuador to ICSID; Claimant seeks enformcement of environmental laws in notice of dispute alleging expropriation of Barbadian nature sanctuary; Perenco-nominated arbitrator disqualified for interview […]

January 2010 ITN

ITN January 2010 In this issue: UNCITRAL Tribunal determines that wheat supply contracts are not « investments » under Swiss-Uzbekistan BIT; Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina; ICSID Tribunal sides with Chile, rejects claimant’s partial revision request in long running dispute over El Clarin newspaper; Cemex […]

December 2009 ITN

ITN December 2009 In this issue: Very High Standard of Review for ICSID Annulment Applications Confirmed; German investor launches ICSID case against Costa Rica over alleged expropriation of land near endangered turtle habitat; Arbitrator forced to choose in NAFTA dispute over thwarted Canadian garbage site; Continental Casualty and Argentina will continue to battle over financial […]

November 2009 ITN

ITN November 2009 In this issue: ICSID Tribunal Confirms that Allegations of Corruption Must Be Substantiated by « Clear and Convincing Evidence »; F-W Oil Interests Inc. v. Republic of Trinidad & Tobago: A « Relatively Mundane Dispute » after all?; ALBA moves forward with plan to create regional investment arbitration alternative to ICSID at 7th Summit; Confusion about […]

ITN October 2009

ITN October 2009 In this issue: Ad Hoc Committee confirms Argentina is on the hook to Azurix for US$165 Million; Oral hearings held in NAFTA arbitration over Canadian pesticide ban; European Court of Justice renders judgment on Finland’s investment treaties with non-EU countries; Sweden begins compliance with earlier ECJ decision; Claim by Cargill leads to […]

ITN September 2009

ITN September 2009 In this issue: Fork-in-the-road provision partially bars claim by Greek investor; Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses; Ecuador prepares for life after ICSID, while debate continues over effect of its exit from the Centre; United States Trade Representative and State Department hold Public Hearing and Solicit Written […]

ITN July 2009

ITN July 2009 In this issue: Glamis Gold Ltd. v. United States of America: Tribunal sets a high bar for establishing breach of « Fair and Equitable Treatment » under NAFTA; South African trade department critical of approach taken to BIT-making; arbitrators clash on question of interpretation in Hrvatska Electroprivreda d.d. v. The Republic of Slovenia; Greenpeace […]

ITN June 2009

ITN June 2009 In this issue: US forestry company and Canada dispute British Columbia logging regulations; Ecuador defies provisional measures in dispute with French oil company; Ecuador continues exit from ICSID; Suspension extended in Piero Foresti, Laura de Carli and others v. Republic of South Africa; NGOs claim the Philippine-Japan free trade agreement is unconstitutional; […]

ITN May 2009

ITN May 2009 In this issue: Malaysian Historical Salvors jurisdictional award annulled; Tribunal disqualifies claim by Phoenix Action against the Czech Republic; Tribunal rejects countermeasures defense in recently published Corn Products International Inc. v. the United Mexican States award; Mexican truckers group launches NAFTA Chapter 11 dispute against the U.S. over trucking ban; Tribunal orders […]

ITN Newsletter April 2009

ITN April 2009 In this issue: ICSID tribunal dismisses RSM Production Corporation’s claim against Grenada; CIT Group settles with Argentina; An interview with the former Attorney General of Pakistan, Makhdoom Ali Khan; European miners and South Africa suspend proceedings; Argentina ordered to place US$75 million in escrow pending annulment decision on Sempra award; Deutsche Bank […]

ITN Newsletter March 2009

ITN March 2009 In this issue: Meg Kinnear elected as Secretary-General of ICSID; Tribunal rebuffs defense of necessity in recently published award: National Grid p.l.c. v. Argentine Republic; EU Member States reject the call to terminate intra-EU bilateral investment treaties; Canadian First Nations Chief intervenes in NAFTA Chapter 11 tobacco dispute; ICSID registers claim by […]

ITN Newsletter February 2009

ITN February 2009 In this issue: Tribunal pierces the corporate veil in jurisdictional decision involving Argentina; Canadian pharmaceutical company alleges denial of justice in claim against the United States; Tribunal refuses to clarify decision on jurisdiction in Railroad Development Corporation v. Republic of Guatemala; The United Kingdom tight-lipped over dispute with an Indian investor; Continental […]

ITN Newsletter January 2009

ITN January 2009 In this issue: German firm fails to pass jurisdictional hurdle in claim against Argentina; decision provokes questions about the scope and applicability of MFN Protection; Argentina takes the offensive as Siemens admits to corruption; Peru wins dispute with American energy firm over the scope of a stabilization agreement; El Salvador warned of […]

ITN Newsletter December 2008

ITN December 2008 In this issue: Investment Arbitration in Brazil: Yes or No?; Indian lawyer pursues claim against the United Kingdom under the India-UK BIT; Guatemala’s objection to jurisdiction dismissed in DR-CAFTA arbitration; Algeria prevails in dispute with Italian construction firms; Belgium dredging companies fail in arbitration against Egypt; Argentina moves to expropriate airline under […]

ITN Newsletter November 2008

ITN November 2008 In this issue: Société Générale v. Dominican Republic arbitration proceeds to merits stage following decision on jurisdiction; Controversy erupts over press release in Société Générale v. Dominican Republic arbitration; Chemical company warns Canada of a potential lawsuit over pesticide ban; Czech Republic fails to overturn partial liability award before Paris Court of […]

ITN Newsletter October 2008

ITN October 2008 In this issue: Plama Consortium Limited v. Republic of Bulgaria: Honesty is the best policy; US oil company passes jurisdictional hurdle in arbitration with Ecuador; Canada faces a potential lawsuit as a US investor complains of expropriation of investments in health-care facilities; Canadian lumber company fails to vacate NAFTA Chapter 11 award […]