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reformed ISDS


The MERCOSUR Protocol on Investment Cooperation and Facilitation: regionalizing an innovative approach to investment agreements
The Protocol draws significantly on the Brazilian model investment agreement, which stands out for departing from the traditional design of Bilateral Investment Treaties, particularly by excluding the possibility of investor-State dispute settlement (ISDS).
Belgium asks European Court on legality of investment protection in CETA
Belgium has requested an opinion from the European Court of Justice on the ’Investment Court System’ included in the EU-Canada trade deal, to determine if the ICS is compatible with the European Treaties
The king is dead, long live the king: the EU and the future of investor-state dispute settlement
The data lead to the inexorable conclusion that the European Commission’s declaration that “investment treaty arbitration is dead” is wrong by a ratio of over 1:3,000.
UN agrees to start work on multilateral reform of investment dispute settlement
The United Nations has agreed to initiate work on possible multilateral reform of investment dispute settlement including the possible establishment of a multilateral investment court.
Cabinet approves interpretative notes between India, Bangladesh
The JIN includes the definition of investor and investment, exclusion of taxation measures, Fair and Equitable Treatment (FET), National Treatment (NT) and Most Favoured Nation (MFN) treatment, expropriation, essential security interests and settlement of disputes between an investor and a contracting party,
Investing in alternative dispute settlement
Governments at the Centre and in the States must urgently invest in building their own capacity to handle the new generation of international investment arbitration.
US junks Bilateral Investment Treaty talks
Talks deadlocked on investor dispute settlement.
Brazil’s Cooperation and Facilitation Investment Agreements (CFIA) and recent developments
Brazil has never approved any BITs nor did it sign the ICSID Convention but it continued to receive significant amounts of foreign direct investment (FDI), consolidating its position as one of the world’s top recipients of FDI
Phase 2 of IIA reform: Modernizing the existing stock of old-generation treaties
International investment agreement (IIA) reform has made significant progress.
The shifting landscape of investor-state arbitration: loyalists, reformists, revolutionaries and undecideds
The investor-state arbitration landscape is shifting under our feet. The utility and legitimacy of traditional investor-state arbitration have come under fire, but states have not converged on a viable alternative.
‘Investment pact system needs review’
‘IIA, which has a pro-investor bias, aims to protect only capital and not labour,’ said Saurabh Garg, the Joint Secretary in Indian Finance Ministry’s Department of Economic Affairs.
No exclusive court for corporations!
The proposed Multilateral Investment Court would give large corporations an exclusive justice system.
Nigeria and Morocco move towards a “new generation” of bilateral investment treaties
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?
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?
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?
A clean break is needed to restore trust, but these stiff tests must be met.
India’s bilateral investment pacts under cloud
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
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.
India should hold firm against the European efforts to undermine its new model Bilateral Investment Treaty
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.