News

News  |  May 16, 2016

US$50 billion awards against Russia in Yukos cases are set aside by Dutch court

In a judgment dated April 20, 2016, the District Court of The Hague, in the Netherlands, set aside awards that had ordered Russia to pay US$50 billion to the shareholders of Yukos, a bankrupt oil company.

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 […]

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

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

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  |  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

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

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  |  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 […]

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 […]