Investment Treaty News Quarterly (ITN), Volume 7, Issue 3, August 2016

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

Featured articles:

• UNASUR Centre for the Settlement of Investment Disputes: Comments on the Draft Constitutive Agreement, by Katia Fach Gómez and Catharine Titi
• Can EU Member States Still Negotiate BITs with Third Countries?, by Stefanie Schacherer
• Recasting Rules and Exceptions? On the Relationship Between Regulatory Sovereignty and International Investment Law, by Harm Schepel

Summaries and analysis of recent arbitration awards and decisions:

• Philip Morris v. Uruguay: all claims dismissed; Uruguay to receive USD 7 million reimbursement (Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7), by Martin Dietrich Brauch
• Corporate restructuring and abuse of rights: PCA tribunal deems Philip Morris’s claims against Australia’s tobacco plain packaging rules inadmissible (Philip Morris Asia Limited v. The Commonwealth of Australia, PCA Case No. 2012-12), by Inaê Siqueira de Oliveira
• ICSID tribunal upholds Panama’s abuse of process objection; Transglobal to pay arbitration costs and most of Panama’s legal expenses (Transglobal Green Energy, LLC and Transglobal Green Panama, S.A. v. Republic of Panama, ICSID Case No. ARB/13/28), by Inaê Siqueira de Oliveira
• Claimant fails to comply with three-year limitation period under CAFTA-DR (Corona Materials, LLC v. Dominican Republic, ICSID Case No. ARB (AF)/14/3), by María Florencia Sarmiento
• Venezuela ordered to pay USD 1.202 billion plus interest to Canadian mining company Crystallex for FET breach and expropriation (Crystallex International Corporation v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/11/2), by Martin Dietrich Brauch
• NAFTA tribunal dismisses claims against Canada on green energy Feed-In Tariff program (Mesa Power Group, LLC v. Government of Canada, UNCITRAL, PCA Case No. 2012-17), by Matthew Levine
• Turkey–Turkmenistan BIT: tribunal finds claims admissible but dismisses them on merits (Içkale Insaat Limited Sirketi v. Turkmenistan, ICSID Case No. ARB/10/24), by Matthew Levine

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