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reformed ISDS


Energy transition calls for faster investment treaty reforms
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
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
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
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?
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
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
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)
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.
Proposed BIT with Hungary: Differences emerge between BoI, ministries over proposal
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
The report suggests that progress on IIA reform is critical to enable countries to address the challenges of climate change.
ISDS in Nigeria: Investment regime reforms and the threats of joining the ECT
This report sheds light on Nigeria’s investment protection regime and its consequences for one of Africa’s biggest countries.
Corporate courts can be beaten. It’s essential for climate justice
It is perfectly possible to withdraw from trade deals containing corporate courts, as former South African trade minister Rob Davies explains.
EU in battle with its own states as it threatens countries with court over bilateral deals
The EU Commission has launched infringement proceedings against seven member states over their failure to end intra-bilateral investments agreements.
India’s BITs recalibration is paying off
India’s steps to better protect itself hasn’t curbed the appetite of foreign investors, suggesting that the perceived correlation between FDI and robust investor protection is overstated.
Summary to empower BoI for renegotiating BITs gathering dust
Under the new template, federal government would not be liable for private investor disputes. Mediation would be made compulsory, while foreign arbitrators would be decided in advance through consensus.
‘Pakistan to renegotiate all bilateral investment treaties’
Pakistan will renegotiate all bilateral investment treaties (BITs) on the basis of new BIT template being finalised by the government, a top official of the Board of Investment said.
States must stop prioritizing investment over human rights – UN experts
UN experts today called on States to ensure that international investment agreements do not provide a “safe harbour” for investors to abuse the human rights of individuals and communities.
Investor-state arbitration and the ’next generation’ of investment treaties
Investor–state arbitration has grown over the years to become one of the most dynamic and controversial features of international investment law.