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reformed ISDS


Winning arbitration case
The Indonesian government should stick to its policy of removing the investor-state dispute-settlement (ISDS) mechanism from its bilateral investment or trade treaties.
EU, Canada to launch investor protection court proposal
The European Union and Canada will launch a proposal for a new global investment court system for settlements of disputes between states and foreign investors over discriminatory treatment.
India and Brazil conclude negotiations of Bilateral Investment Treaty
The conclusion of negotiations between India and Brazil culminating in a near-final treaty between the two nations.
EU closes in on TTIP-style deal with Japan
Officials in Brussels have announced that they are close to securing a free trade agreement with Japan.
EU, RI look to negotiate CEPA points
Indonesia will seek a win-win outcome for the Comprehensive Economic Partnership Agreement (CEPA) with the European Union, having exchanged views on a number of crucial sticking points ahead of the next round of negotiations in January.
EU Executive to step up efforts to set up international investment dispute settlement system
The European Commission wants to give a strong push within the EU and around the globe for the establishment of a multilateral investment dispute settlement system.
EU asks India not to scrap bilateral investment treaties with member states
The EU terms India’s move ’unilateral’, says lack of investor protection might stop European investments to India.
EU concerned as India won’t renew investment pact with Netherlands
India will not renew an investment treaty with the Netherlands that will expire on November 30 as part of its plan to rework all similar pacts it signed with other countries.
EU executive and Canada join forces to promote multilateral investment system to replace ISDS
The move follows the Commission’s pledge from last year to “start work, together with other countries, on setting up a permanent International Investment Court.”
Brics dispute resolution mechanism: Challenges ahead, but promises much
Any intra-Brics framework will only be effective if awards rendered by such a body are enforceable without the added difficulty of getting entangled in domestic proceedings.
Canada to India: Tighten investment protection norms in new model treaty
New Delhi examining whether dispute settlement mechanism can be tweaked
Rethinking investment treaties to advance human rights
There is considerable room to rethink substantive norms and dispute settlement arrangements.
Joint Interpretative Declaration on CETA: unpacking the “clarifications” on investment protection
The Joint Interpretative Declaration on the Comprehensive Economic and Trade Agreement (CETA) reaffirms that investors can bypass the domestic court systems and will enjoy ample rights without any obligations.
India trade talks heating up, but ex-envoy cautions: ‘we’ve been to the altar before’
The Liberals’ relative flexibility on investor-state dispute systems and the Temporary Foreign Worker Program, and an expected visit to India by the PM, may help to move talks along.
India to operationalize BIPA with Canada
On Canada’s insistance, India is expected to sign a bilateral investment treaty (BIT) with Canada based on an old text, not its new model BIT. The old text contains contentious provisions such as the investor-state dispute settlement mechanism.
CETA - Trading away democracy
How CETA’s investor protection rules could result in a boom of investor claims against Canada and the EU.
India stumbles on bilateral treaty talks
Negotiations is slowing down and signing of BITs, with India’s major global partners, is taking more time than previously anticipated
EU Parliament ICS opinion ignores legal pitfalls
Highly controversial investor rules in the EU-Canada free trade agreement (CETA) led the EU Parliament to ask its legal service whether they were compatible with EU law, and the analysis has just been published.
Iran signs off on a radical investment treaty: barring arbitrators from wearing two hats, narrowing protections, and limiting damages awards
The Islamic Republic of Iran and the Slovak Republic have signed off on a deeply iconoclastic investment treaty.
The billion dollar ultimatum
International corporations that want to intimidate countries have access to a private legal system designed just for them. And to unlock its power, sometimes all it takes is a threat.