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reformed ISDS


Belt and Road and the battle for global investment standards
A new battle is taking shape on the world scene. It sees China and the West compete in affirming their respective investment standards around the globe.
India’s proposed investment treaty terms leave foreign partners cold
Having cancelled investment treaties with about 50 foreign governments last year, India is struggling to convince some to accept new terms that make it harder to seek international arbitration for disputes
The crisis of legitimacy in international investment agreements and investor-state dispute settlement
As the turbulence in the global economy and backlash against neoliberalism continues, opposition to the international investment regime and ISDS from the left seems destined to grow.
UNCTAD’s 2017 high-level IIA conference: moving forward on addressing older-generation international investment agreements
More than 300 experts, including high-level negotiators of international investment agreements and representatives from intergovernmental organizations, civil society, academia and the private sector convened in Geneva.
The Multilateral Investment Court locking in ISDS
Ten reasons why the EU’s proposal for a Multilateral Investment Court doesn’t fix a fundamentally flawed system.
Richterbund statement on multilateral investment court system
English translation of the German Association of Judges opinion on the proposal for the Multilateral Investment Court system (MIC).
NZ ambassadors pushing for ISDS change
The Government is enlisting its ambassadors in a last-minute bid to win changes to the TPP’s controversial investment clauses, Trade and Export Growth Minister David Parker says.
A court to fix all investor-state rows?
Hit by disputes with Vodafone and Cairn Energy, India welcomes plan for a World Court but flags legal, practical challenges.
Responsible investment provisions in international investment treaties: where next?
How international investment treaties could promote more responsible investment and argues that, while some innovative practices are emerging, there is still much to do.
BoI working on its own template for BIT
The government of Pakistan would not be made liable for private investor disputes. Alternative dispute resolution mediation would be made compulsory, while foreign arbitrators would be decided in advance through consensus.
Multilateral Investment Court: an utterly flawed and unjust system
The European Commission’s plans for a Multilateral Investment Court sanctions a biased and ineffective arbitration system, leaving people and the environment exposed to international investors’ whims.
Canada pushing to revamp NAFTA lawsuit provision
The goal of Foreign Affairs Minister Chrystia Freeland is to revamp Chapter 11 so it more closely mirrors the investor-state dispute-resolution mechanism that forms part of the 2016 Canada-European Union trade deal.
Recommendation for a Council decision authorising the opening of negotiations for a Convention establishing a multilateral court for the settlement of investment disputes
The inclusion of Investor-State Dispute Settlement (ISDS) in trade and investment agreements has become subject to increased public scrutiny and questioning.
The MERCOSUR Protocol on Investment Cooperation and Facilitation: regionalizing an innovative approach to investment agreements
The Protocol draws significantly on the Brazilian model investment agreement, which stands out for departing from the traditional design of Bilateral Investment Treaties, particularly by excluding the possibility of investor-State dispute settlement (ISDS).
Belgium asks European Court on legality of investment protection in CETA
Belgium has requested an opinion from the European Court of Justice on the ’Investment Court System’ included in the EU-Canada trade deal, to determine if the ICS is compatible with the European Treaties
The king is dead, long live the king: the EU and the future of investor-state dispute settlement
The data lead to the inexorable conclusion that the European Commission’s declaration that “investment treaty arbitration is dead” is wrong by a ratio of over 1:3,000.
UN agrees to start work on multilateral reform of investment dispute settlement
The United Nations has agreed to initiate work on possible multilateral reform of investment dispute settlement including the possible establishment of a multilateral investment court.
Cabinet approves interpretative notes between India, Bangladesh
The JIN includes the definition of investor and investment, exclusion of taxation measures, Fair and Equitable Treatment (FET), National Treatment (NT) and Most Favoured Nation (MFN) treatment, expropriation, essential security interests and settlement of disputes between an investor and a contracting party,
Investing in alternative dispute settlement
Governments at the Centre and in the States must urgently invest in building their own capacity to handle the new generation of international investment arbitration.
US junks Bilateral Investment Treaty talks
Talks deadlocked on investor dispute settlement.