investor-state disputes | ISDS
A three-member tribunal is set to hear Austria’s €200 million ($212 million) fight with the controlling shareholder and principal owner of Meinl Bank AG over an alleged “witch hunt” aimed at the institution and its officials, according to the International Centre for Settlement of Investment Disputes.
27-Nov-2015 Gateway House
For India, the U.S.-driven Trans Pacific Partnership will skew investment and intellectual property rights, and especially the debate over the Investor State Dispute System which allows companies to challenge soverign rights and public policy.
In a significant development for Indian arbitration law, the President of India has formally adopted the Arbitration and Conciliation Ordinance 2015, which will bring about major and long-awaited reforms to arbitration in India.
A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts.
25-Nov-2015 Graduate Institute of International and Development Studies
The TPP investment chapter offers few truly novel features and is instead heavily influenced by prior American treaty practice.
25-Nov-2015 World Trade Online
The new European Union proposal for an investment chapter in the TTIP is mostly identical to the draft chapter Brussels released but makes what could be significant changes to how parallel claims are handled and tightens rules on arbitrator conduct.
24-Nov-2015 El Diario
El economista José Ramón Mariño, de la organización internacional ATTAC, advierte de que si no se ponen salvaguardas, las empresas de Estados Unidos podrán vender en Europa sus productos sin cumplir normativas ambientales o sanitarias.
Professor Gus Van Harten, Osgoode Hall Law School, and Rupert Schlegelmilch, European Commission, Directorate General for Trade discuss the European Commission’s proposed “Investment Court System”.
Philip Morris is dragging countries with tight tobacco regulations into costly legal battles.
24-Nov-2015 Business & Human Rights Resource Centre
The smoke haze that has engulfed Singapore, Malaysia and other parts of Southeast Asia for two months could violate international law and be the subject of an investment treaty claim against Indonesia.
Avec la procédure engagée actuellement au Cirdi, l’actionnaire majoritaire espère obtenir le gel du paiement des dettes.
President Rafael Correa said that Ecuador had "practically" reached agreement on the payment of compensation to U.S. oil company Occidental Petroleum.
The Trans-Pacific Partnership and the environment: an assessment of commitments and trade agreement enforcement
Like TPP, U.S. free trade agreement (FTA) formed in the past two decades have similarly promised meaningful and enforceable labor and environmental safeguards.
19-Nov-2015 The National Law Review
Trans-Pacific Partnership investment chapter: maintaining important protections for U.S. investors overseas
The final text of the TPP’s Investment Chapter remains broadly consistent with other U.S. investment agreements and includes some important new language that is consistent with the U.S. Model BIT issued by the U.S. State Department
European Parliament President, Martin Schulz and Chair of the EP’s International Trade Committee, Bernd Lange said they wanted the Investment Court System (ICS) to be also part of the EU free trade agreement with Canada, known as CETA.
18-Nov-2015 The Indian Express
India’s new model BIT makes it clear that its goal is to accomplish more than investor protection.
A coalition of U.S. and Mexican labor and civil society groups are taking an unprecedented legal approach to protect workers’ rights that will test the strength of labor protections in international trade agreements.
16-Nov-2015 IA Reporter
A first glance at the Investment Chapter of the TPP agreement: a familar US-style structure with a few novel twists
In broad terms, the agreement’s investment chapter looks familiar – particularly in relation to other recent U.S. investment treaties and FTAs.
SOMO and TNI launch a new a quiz on ISDS & TTIP. The quiz is intended to increase everyone’s critical knowledge of ISDS and TTIP.
12-Nov-2015 European Commission
As published by the European Commission