Public International Law Notes
Tag: isds
Showing 12 out of 17 results
ISDS policy trend round up for 2023
What are the trends in investor state dispute resolution at a macro level that have developed over 2023? We have put together a round-up below. …
The USMCA or "NAFTA 2.0" came into force on 1 July 2020
The US-Mexico-Canada Trade Agreement (USMCA), the replacement to the North American Free Trade Agreement (NAFTA), entered into force on 1 July 2020. …
Update on the future of ISDS: latest Working Group III UNCITRAL discussions
The United Nations Commission on International Trade Law's ("UNCITRAL") Working Group III (Investor-State Dispute Settlement Reform) ("WGIII") has …
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 …
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 …
A Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive …
A warning shot for investor-state dispute settlement under NAFTA 2.0?
The US Trade Representative (USTR) is reportedly finalizing a proposal to dramatically restructure NAFTA's investor-state dispute settlement (ISDS) …
What to watch for as NAFTA (re)negotiators get to work
On August 16, 2017, trade representatives of the United States, Mexico and Canada will convene in Washington, DC for the first of seven scheduled rounds …
Herbert Smith Freehills' Response to EU Consultation: the Future of Investor-State Dispute Settlement
As discussed in our blog post here, on 21 December 2016 the EU Commission launched a public consultation on the multilateral reform of the …
The future of ISDS in the EU: leaked non-paper reveals proposal for EU-wide investment agreement
In a recently leaked non-paper presented to the EU Council's Trade Policy Committee (available here), Austria, Finland, France, Germany and the …
Arbitration and intra-EU BITs – German Bundesgerichtshof weighs in on the discussion
In its decision of 3 March 2016 (I ZB 2/15), published on 11 May 2016, the German Federal Court of Justice ("BGH") announced that it would request the …
European Commission formally presents proposed Investment Chapter for TTIP to the US
Yesterday, 12 November, the EU formally presented its proposed language for the Investment Chapter of the TTIP to the US. As discussed in our earlier …
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