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reformed ISDS

How a documentary film can help UNCITRAL Working Group III think through ISDS reform
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
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?
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
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
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
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
Full-throttle efforts are being made to ensure India-UK FTA and BIT, get finalised simultaneously.
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.