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Investment Treaty News (ITN), Volume 10, Issue 3, September 2019

Investment Treaty News (ITN) is IISD’s flagship journal on international investment law and policy.

Featured articles:

  • Judgment C-252 of 2019 of the Constitutional Court of Colombia: Change of precedent on the control of BITs, by Federico Suárez Ricaurte
  • Ivory Coast's New Investment Code: Focus on issues related to sustainable development and dispute settlement, by Mouhamed Kebe, Mahamat Atteib & Mouhamoud Sangare
  • Toward a Code of Conduct for Investment Adjudicators: Can ethical standards salvage ISDS?, by Martin Dietrich Brauch

Summaries and analysis of recent arbitration awards and decisions:

  • Spain is ordered to pay damages of EUR 290.6 million in NextEra renewable energy case, by Gabriela Barcellos Scalco
  • Spain held liable for breach of FET under the ECT for frustrating legitimate expectations of 9REN, a Luxembourg-based renewable energy investor, by Yashasvi Tripathi
  • Clorox’s claims against Venezuela are dismissed on jurisdiction for lack of “action of investing,” by Inaê Siqueira de Oliveira
  • Jurisdiction declined in case against Uruguay as ICSID tribunal concludes that American company lacked ownership or control over the investment, by Vishakha Choudhary
  • In yet another solar energy incentives case against Italy, ECT tribunal applying proportionality test finds breach of legitimate expectations, by Alessandra Mistura

Visit www.iisd.org/itn for back issues of ITN, as well as news updates.