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reformed ISDS


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.
Bilateral investment pacts haven’t worked
Reform of the international investment agreement regime has swept many countries, including Australia, South Africa, Indonesia, India and the EU, writes the Secretary-General of CUTS. What are the reasons for the growing scepticism? What lies ahead?
The Empire Files: Bringing corporations to justice with Ecuador’s UN Rep
For the first time ever, progress is being made at the United Nations for a binging legal instrument that would hold corporations accountable for human rights violations.
India fast-tracks BIT talks; Cambodia first, US deal may take time
US ambassador to India Richard Verma recently said ‘things have become a bit more difficult’ after India revised the BIT text
Remodeling India’s investment treaty regime
India is seeking to terminate BITs signed with 57 countries and sign joint interpretative statements with the other 25 treaty states – all an outcome of the country’s new model BIT.
India wants new foreign investment pacts to limit lawsuits
The notifications, issued earlier this year, effectively let governments know they have 12 months to broker new treaties before the old ones expire.
The ISDS controversy: How we got here and where next
In recent years the debate over investor state dispute settlement (ISDS) has heated up and in Europe is reaching boiling point
India’s narrow BIT norms holding up trade pact
The new model text on the basis of which India is negotiating its Bilateral Investment Treaties (BIT) is making it difficult for America to hold bilateral talks on the proposed India-US BIT
Protecting the government in investor-state dispute
The Indonesian government is currently reviewing all its international investment treaties after previously having terminated 20 bilateral investment treaties (BIT).
Government currently preparing draft of Government regulation on settlement of investment dispute
This regulation aims to enhance legal certainty in terms of ease of doing business and investment in Indonesia.
The evolving international investment law and policy regime: Ways forward
How to encourage the flow of sustainable FDI for sustainable development? This article examines the state of the international investment law and policy regime and presents potential options for its reform.
Seoul prefers ISDS for its investment chapter but could consider ICS
High-level South Korean diplomats have expressed their preference for the old investor-state dispute settlement (ISDS) system over the Investment Court System (ICS) in the framework of a future investment chapter in the EU-South Korea FTA.
Investment act may clash with SADC treaty
Legal practitioners have been saying for some time now that SA’s Protection of Investment Act is not in sync with the country’s commitments under the Southern African Development Community Protocol on Finance and Investment.
Big transatlantic market: yield and bow down
MEDEL’s opinion on the construction of a international investment court for TTIP – proposal of the European Commission.