Investment Treaty News (ITN), Volume 11, Issue 1, March 2020

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

Featured articles:

• The Best of Two Worlds? The Brazil–India Investment Cooperation and Facilitation Treaty, by Martin Dietrich Brauch
• UNCITRAL Working Group III Debate: Enforceability of awards by an appellate mechanism or an investment court under the ICSID and New York Conventions, by N. Jansen Calamita
• Diversity of Adjudicators in a Reformed ISDS Regime: Is the WTO a good model for developing countries to follow? by Jane Kelsey
• Fighting Bribery and Corruption in Africa: From AU and OECD conventions to a general principle of international investment law, by Guy Marcel Nono

Summaries and analysis of recent arbitration awards and decisions:

• In a new ICSID award, Spain’s reforms of the renewable energy sector are found not to violate the ECT (Stadtwerke München GmbH, RWE Innogy GmbH, and others v. Kingdom of Spain, ICSID Case No. ARB/15/1), by Marios Tokas
• Hungary held liable for expropriating the investment of a British investor and ordered to pay EUR 7 million in compensation for damages (Magyar Farming Company Ltd, Kintyre Kft, and Inicia Zrt v. Hungary, ICSID Case No. ARB/17/27), by Maria Bisila Torao
• The BIT is not in force: Mozambique prevails on jurisdiction in case against South African investor (Oded Besserglik v. Mozambique, ICSID Case No. ARB(AF)/14/2), by Alessandra Mistura
• CMC’s claims dismissed on the merits: While a settlement agreement may be considered an investment under the BIT and the ICSID Convention, Mozambique did not agree to one (CMC Muratori & Cementisti and others v. Republic of Mozambique, ICSID Case No. ARB/17/23), by Inaê Siqueira de Oliveira

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