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Advocate General finds that CETA's "Investment Court System" is compatible with EU law
Update on the future of ISDS: UNCITRAL Working Group III decides three areas for reform, indicating change is likely in 2019
The United Nations Commission on International Trade Law ("UNCITRAL") has been considering the possible reform of investor-state dispute settlement …
English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity
The English Court (the "Court") has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce …
The new draft Dutch BIT: what does it mean for investor mailbox companies?
The Netherlands has released a new draft investment treaty for public comment ("Draft BIT"). If adopted, the Draft BIT may raise questions about …
Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The …
Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of …
Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date
After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has …
EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps
On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate …
Security for costs granted by English Court in investment treaty award challenge in which claimants are receiving third-party funding
In its recent judgment in Progas Energy Limited and ors v Pakistan [2018], the English High Court (the Court) granted Pakistan's request for security for …
Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor's contributory action and failure to obtain a social license
In an award dated 30 November 2017 (the "Award"), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the …
North American trade and investment developments: No new NAFTA (for now), and Mexico signs the ICSID Convention
One month into 2018, the future of NAFTA continues to hang in the balance. The negotiating parties will reportedly convene in Ottawa for the sixth of …
3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration - 5 February 2018, London
The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in …
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