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ISDS reform

Nigeria and Morocco move towards a “new generation” of bilateral investment treaties
16-May-2017 EJIL: Talk!
The treaty is an important attempt by two developing countries to move toward a new generation of BITs fully aligned with the evolution of international law.
Is international investment law moving the ball forward on IHRL obligations for business enterprises?
15-May-2017 EJIL: Talk!
While the debate on the treaty regulating business impact on human rights is likely to continue for a while longer, some recent developments in international investment law seem to be moving forward on international human rights law obligations for businesses
Withdrawal from investment treaties: An omen for waning investor protection in Asia-Pacific?
15-May-2017 Lexology
While India and Indonesia may have withdrawn from existing BITs, this does not necessarily leave foreign investors without any protection.
Is it time to redesign or terminate investor-state arbitration?
14-Apr-2017 CIGI
A clean break is needed to restore trust, but these stiff tests must be met.
India’s bilateral investment pacts under cloud
10-Apr-2017 The Hindu
Most have expired; partners unwilling to renew them under Finance Ministry’s model draft
India refuses to accede to European Union requests; post-March, investors to have no legal cover
2-Mar-2017 Financial Express
Fresh investments by European companies in India and vice versa after April 1 won’t enjoy legal protection under any bilateral arrangement, as India has decided not to accede to requests by the European Union.
EU-Mexico FTA - draft investment chapter, investment court system section (EU text proposal, February 2017)
2-Mar-2017
India should hold firm against the European efforts to undermine its new model Bilateral Investment Treaty
22-Feb-2017 International Economic Law and Policy Blog
In the transition to its new approach to investor protection, India has sought to terminate its existing BITs with individual EU Members. Now the European Commission is pressuring India to extend those existing treaties.
S2B position on the European Commission proposal for a multilateral ISDS mechanism
20-Feb-2017 S2B
Globalisation is at a dangerous crossroads. One path leads to regained policy-space for governments to address climate change, inequality and other pressing issues of our times. The other leads to more rights for corporations to bully decision-makers.
India, Canada talk on investment pact, no consensus on dispute mechanism yet
13-Feb-2017 Financial Express
A successful conclusion of FIPA will provide a much-needed cover for Canadian investments in India and vice versa, and is expected to be an important catalyst in translating the announcements into reality.
EU makes big step toward setting investor court as global norm
7-Feb-2017 Politico
Brussels has taken a decisive step toward establishing its contentious new investment court as a standard framework for appeals worldwide.
Comment: Selling the proposal for a multilateral investment court to the world
24-Jan-2017 Borderlex
In reality, the EU’s plans are not realistic in the current international context, nor will they appease ISDS critics
India rejects attempts by EU, Canada for global investment agreement
24-Jan-2017 The Hindu
India, along with Brazil, Argentina and some other nations, has rejected an informal attempt by the European Union and Canada to work towards a global investment agreement that would incorporate a contentious ISDS mechanism.
The year 2016 for India – of new beginnings and not-so-happy endings?
29-Dec-2016 Kluwer Arbitration Blog
While India has been reshaping its arbitration laws and investment climate, the jury is still out on whether these measures will actually help create a more secure legal environment for investors.
Pakistan favours multilateral dispute resolution
16-Dec-2016 The News
Pakistan favours the resolution of trade disputes through established multilateral settlement systems instead of ad-hoc tribunals, an official said.
Winning arbitration case
15-Dec-2016 Jakarta Post
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
15-Dec-2016 Bloomberg
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
7-Dec-2016 Lexology
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
6-Dec-2016 Newstalk
Officials in Brussels have announced that they are close to securing a free trade agreement with Japan.
EU, RI look to negotiate CEPA points
1-Dec-2016 Jakarta Post
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.