Investment Treaty News (ITN), Volume 11, Issue 4, December 2020

By Zoe Williams, Suzy H. Nikièma, Marina Ruete, Sofia Baliño, Pablo Agustín Escobar Ullauri, Jonathan Bonnitcha, Carolina Olarte-Bacares, Enrique Prieto-Rios, Juan P. Pontón-Serra, Anna Sands, Anil Yilmaz Vastardis, Joe Zhang, A. Clare Cutler, David Lark, Marios Tokas, Maria Bisila Torao, Sarthak Malhotra, Viola Echebima on December 21, 2020

Featured articles:

  • Reconciling the rights of multinationals companies under IIAs with the tort liability caused by their subsidiaries, by Pablo Agustín Escobar Ullauri • The return of investment screening as a policy tool, by Jonathan Bonnitcha
  • Are interpretative declarations appropriate instruments to avoid uncertainty? The cases of the Colombia–France BIT and the Colombia–Israel FTA, by Carolina Olarte-Bacares, Enrique Prieto-Rios, and Juan P. Pontón-Serra • Does the investment treaty regime promote good governance? The case of mining in Santurbán, Colombia, by Anna Sands
  • Corporate investors’ nationality and reforming investment treaties: Can older-generation treaties undermine substantive reforms? by Anil Yilmaz Vastardis
  • The human rights binding treaty negotiation from an international investment law perspective, by Joe Zhang
  • Incorporating corporate social responsibility within investment treaty law and arbitral practice: Progress or fantasy remedy? by A. Clare Cutler and David Lark

Summaries and analysis of recent arbitration awards and decisions:

  • ICSID tribunal rejects denial of justice claim against the Republic of Panama (Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama, ICSID Case No. ARB/16/34), by Marios Tokas
  • In another energy case against Italy, an ICSID tribunal rejects all claims on the merits on the basis that Italy acted reasonably and in the public interest (Eskosol S.p.A. in liquidazione v. Italian Republic, ICSID Case No. ARB/15/50), by Maria Bisila Torao
  • ICSID tribunal partially upholds jurisdiction claims under Austria–Poland Encouragement and Protection of Investments Agreement and rejects Achmea’s applicability (Strabag SE, Raiffeisen Centrobank AG and Syrena Immobilien Holding AG v. Poland, ICSID Case No. ADHOC/15/1), by Sarthak Malhotra
  • ICSID tribunal dismisses claims of Interocean Oil Development Company and Interocean Oil Exploration Company against Nigeria while upholding its jurisdiction to hear the claims solely based on Nigeria’s domestic investment statute (Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria, ICSID Case No. ARB/13/20), by Viola Echebima

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Newsletter details

Governance and Multilateral Agreements
Investment Law & Policy
Investment Treaty News
Focus area
IISD, 2020