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Recent Developments in International Investment Disputes: Investment treaty cases from September 2010 to October 2011

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Recent Developments in International Investment Disputes: Investment treaty cases from September 2010 to October 2011

This brief was prepared for the Fifth Annual Forum of Developing Country Investment Negotiators, organized by the International Institute for Sustainable Development (IISD), the Government of Uganda and the South Centre, held in Kampala, Uganda from October 17-19, 2011.

It highlights the relevant developments in international investment disputes in an attempt to outline some of the wider policy implications of the arbitral awards between September 2010 and October 2011. Through a case analysis of some of the most significant awards on jurisdiction and liability, this brief provides an overview of the substantive issues that arose in the various arbitral awards. It outlines how tribunals have defined the term "investment" and how they have interpreted the provisions on most-favoured nation treatment, expropriation, fair and equitable treatment, and dispute resolution under investment treaties and foreign investment laws.