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ISDS reform

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.
EU Executive to step up efforts to set up international investment dispute settlement system
30-Nov-2016 Vieuws
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
29-Nov-2016 Business Standard
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
24-Nov-2016 Hindustan Times
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
8-Nov-2016 Vieuws
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
25-Oct-2016 Financial Express
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
24-Oct-2016 The Hindu
New Delhi examining whether dispute settlement mechanism can be tweaked
Rethinking investment treaties to advance human rights
18-Oct-2016 IIED
There is considerable room to rethink substantive norms and dispute settlement arrangements.
Joint Interpretative Declaration on CETA: unpacking the “clarifications” on investment protection
12-Oct-2016 S2B
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’
12-Oct-2016 The Hill Times
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
28-Sep-2016 Live Mint
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
23-Sep-2016 TNI
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
14-Sep-2016 Business Standard
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
7-Sep-2016 Client Earth
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
5-Sep-2016 IA Reporter
The Islamic Republic of Iran and the Slovak Republic have signed off on a deeply iconoclastic investment treaty.
The billion dollar ultimatum
31-Aug-2016 BuzzFeed
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
25-Aug-2016 The Hindu Businessline
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
24-Jul-2016 Tele Sur
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
22-Jul-2016 Financial Express
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
18-Jul-2016 The Wire
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.