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reformed ISDS


India’s new BIT and arbitration law send mixed signals to foreign investors
India’s new model BIT text follows the trend of divergent approaches to investment treaty-making by focusing on a more defensive-minded strategy than in its prior treaties.
South America forms alternative to free trade kangaroo courts
Experts from UNASUR met in the Uruguayan capital Montevideo in order to finalize and sign agreements regarding the proposed center for investigation of international settlement dispute cases.
ANALYSIS: In final version of its new model investment treaty, India dials back ambition of earlier proposals – but still favors some big changes
Following the release in April of 2015 of a draft model investment treaty, the government of India unveiled a final version of its proposed negotiating text.
American mining giant escaped Indonesian law with ISDS
American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.
EU Parliament adopts robust mechanism needed for Paris climate talks. Are European national leaders ready to act?
EU Parliament adopts robust mechanism needed for Paris climate talks. Are European national leaders ready to act?
ISDS: courting foreign investors
Why the Commission’s proposal for an “Investment Court System” still fails to address the key problems of foreign investors’ privileges
HR standard and investor liability in the new model of Indonesian BITs
The Government plan to reassess the 64 Bilateral Investment Treaties (BITs) that have been signed by Indonesia immediately.
International investment agreements and Africa’s structural transformation: a perspective from South Africa
The brief describes the widening debate on the implications of international investment agreements for sustainable development and outlines the broad features of alternative policy approaches to foreign direct investment
South Africa’s revocation of its bilateral investment treaties – analysis
From an international policy point of view, South Africa’s denunciation of BITs is reasonable. It may even be seen as a refreshing retreat from a legal quagmire. But the domestic reality requires wider consideration.
New bilateral investment treaty model
The Board of Investment is working on Pakistan’s own template of a bilateral investment treaty, which will replace the existing treaties with different countries. And all the future ones will be negotiated on the new template.
ICSID and Latin America: Criticisms, withdrawals and regional alternatives
Latin American states are the only ones in the world that have decided to withdraw from the ICSID Convention. It is also the only region in the world considering the necessity to find an alternative to ICSID mechanism.