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ISDS reform


A closer look at the India-Uzbekistan BIT 2024: Key provisions and implications
The treaty is a prime illustration of India’s post-2016 BIT policy in action and follows India’s Model BIT closely.
India-Kyrgyz Bilateral Investment Treaty comes into force, replaces agreement of 2000
The BIT has calibrated the Investor-State Dispute Settlement mechanism with mandatory exhaustion of local remedies, thereby, providing investors alternate dispute resolution mechanism.
Ending the era of investor-state dispute settlement
To accomplish the removal of ISDS efficiently, G7 countries, or some subset of them, could lead the development of a plurilateral agreement to alter all IIAs amongst the parties that sign up to it.
Not far enough – the state of the free trade agreement between Colombia and the United States
Despite criticism of the free trade agreement with the United States, Colombian President Gustavo Petro opted to reassess a series of clauses on investments and arbitration, instead of requesting a complete renegotiation.
Colombia and the US sign an agreement to balance investments in the FTA
The new interpretative note on the investment chapter of the FTA seeks to avoid legal abuses and protect the sovereignty of both countries without affecting incentives for foreign investment.
Nations are exiting a secretive system that protects corporations. One country’s story shows how hard that can be
Bolivia was the first nation to begin leaving a legal system that allows foreign companies to sue governments behind closed doors. Now, other countries are following.
Free trade & investment deals hit model BIT hurdle
From Saudi Arabia to the UK and the European Union to Sri Lanka, India’s model bilateral investment treaty (BIT) and the finance ministry’ steadfast refusal to tweak it is posing problems.
A bilateral investment treaty with a ‘bit’ of change
Despite some departures, the India-UAE bilateral investment treaty establishes a continuity of India’s investment treaty practice.
Nigeria launches review of bilateral investment treaties
The state’s trade policies will be updated over the coming months by a nine-member committee.
India, UAE investment promotion, protection treaty comes into effect from August 31: Finance ministry
Enforcement of this pact with the UAE gives continuity of investment protection to investors of both the countries.
Draft statute of a standing mechanism for the resolution of international investment disputes
Possible reform of investor-State dispute settlement (ISDS).
The India-EFTA deal: A model for developing countries
Governments are shifting from investor-state dispute mechanisms to treaties that encourage and ease investment.
An international law framework for climate-aligned investment governance
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
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.