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ISDS reform

The India-EFTA deal: A model for developing countries
21-Jun-2024 South Centre
Governments are shifting from investor-state dispute mechanisms to treaties that encourage and ease investment.
An international law framework for climate-aligned investment governance
3-Jun-2024 CCSI
International Investment and Trade Law should be reformed for climate-aligned investment governance.
How a documentary film can help UNCITRAL Working Group III think through ISDS reform
12-Apr-2024 EJIL:Talk!
A documentary film offers a powerful illustration of the ways in which ISDS can impact third parties, exacerbate inequalities, and reinforce power imbalances.
PMO asks commerce min to examine model text of bilateral investment treaty
9-Apr-2024 Business Standard
India’s Prime Minister’s Office (PMO) has asked the commerce ministry to examine the model text of the bilateral investment treaty and suggest modifications to further improve the ease of doing business.
Investor–state dispute settlement and fossil fuels: What role for a carveout?
12-Mar-2024 IISD
The proposal of a carveout emerges as a targeted damage control measure to address the recognized and urgent problem that ISDS poses to climate action.
Pakistan agrees to new ISDS provisions, despite previous policy to terminate ISDS agreements
23-Jan-2024 AFTINET
Pakistan’s previous policy, initiated in 2021, sought to terminate its bilateral investment treaties to avoid further ISDS cases by international investors.
Islamabad accepts Riyadh-Doha term to allow international arbitration incase of dispute
17-Jan-2024 The News
Pakistan has negotiated to include a graduated approach for settlement of investment disputes between the state and investors.
European Commission publishes model BIT clauses between EU member states and third countries
15-Jan-2024 IISD
In September 2023, the European Commission has unveiled a non-paper presenting model clauses for BITs between EU member states and third countries.
India-UK FTA: Efforts on to also finalise dispute settlement in investment pact
25-Oct-2023 The Hindu BusinessLine
Full-throttle efforts are being made to ensure India-UK FTA and BIT, get finalised simultaneously.
Energy transition calls for faster investment treaty reforms
31-Aug-2023 UNCTAD
UNCTAD presents a new toolbox to make international investment agreements actively support the shift from fossil fuels to renewable energy sources.
India UK bilateral investment treaty likely to be finalised soon, to differ from 2016 model
28-Aug-2023 The Indian Express
As India and the UK inch closer towards finalising a free trade agreement, the contours of the much-debated and contentious bilateral investment treaty are likely to be finalised around the same time as the FTA.
India’s experience with investment treaty disputes and related damages
17-Aug-2023 Madhyam
The experience with investor-state dispute settlement mechanisms has been mixed, with India facing several adverse awards and financial compensation in certain high-profile cases.
India, EU disagree over dispute settlement in proposed investment protection pact
13-Jul-2023 The Hindu BusinessLine
New Delhi insists on ’exhaustion of local remedies’ clause but Brussels wants investor court system.
Zooming in on the Investment Protocol to the AfCFTA: a new era for investment disputes across Africa?
21-Jun-2023 Lexology
State parties consider whether to turn to traditional methods of investment dispute settlement mechanisms or more innovative solutions, such as an African investment court.
Uncitral Working Group III reaches notable milestones in recent New York meeting
2-May-2023 Mondaq
United Nations Commission on International Trade Law ("UNCITRAL" or "Commission") Working Group III finalized provisions on the use of mediation in ISDS.
Albania moves to establish local arbitration court to replace ICSID
21-Apr-2023 Balkan Insight
Despite warnings that it could deter investment, Albania is pushing ahead with plans to establish a local commercial court to replace the World Bank-funded international arbitration body.
Report: Evaluating the Proposed Joint Interpretation of the Comprehensive Economic and Trade Agreement (CETA)
25-Jan-2023 Saskia Bricmont
This report analyzes the proposed interpretive guidance on the Investment Chapter of the Comprehensive Economic and Trade agreement (CETA) between Canada and the European Union.
AfCFTA protocol on investment draft (Feb 2022)
18-Jan-2023
Proposed BIT with Hungary: Differences emerge between BoI, ministries over proposal
7-Dec-2022 Business Recorder
There are two sticking points in the negotiations of the Pakistan-Hungary BIT: one is “Expropriation” and the other is “Subrogation”.
UNCTAD publishes report on international climate change investment trends and policy developments
14-Nov-2022 Reuters
The report suggests that progress on IIA reform is critical to enable countries to address the challenges of climate change.