Investment Treaty News (ITN), Volume 12, Issue 1, March 2021

By Zoe Williams, Suzy H. Nikièma, Marina Ruete, Cesar Henrique Arrais, Lorenzo Cotula, Jonathan Bonnitcha, Daria Davitti, Stefanie Schacherer, Maria Bisila Torao, Trishna Menon on March 31, 2021

Featured articles:

  • Rethinking investment law from the ground up: extractivism, human rights, and investment treaties, by Lorenzo Cotula
  • Corruption and confidentiality in contract-based ISDS: The case of P&ID v Nigeria, by Jonathan Bonnitcha
  • On proportionality, again: Domesticating international investment law and managing vulnerability, by Daria Davitti
  • The uncertain future of the Energy Charter Treaty: Belgium asks the European Court of Justice to rule on the compatibility of the modernized ECT with EU law, by Stefanie Schacherer

Summaries and analysis of recent arbitration awards and decisions:

  • Kenya prevails in geothermal arbitration brought by WalAm Energy—ICSID tribunal rejects all claimant allegations (WalAm Energy LLC v. The Republic of Kenya [ICSID Case No. ARB/15/7]), by Maria Bisila Torao
  • UNCITRAL tribunal finds India in breach of India–UK BIT in proceedings brought by Cairn entities (Cairn v. India Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, PCA Case No. 2016-7), by Trishna Menon

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