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Filtered : Treaty-making

• UNCITRAL WG III finalizes draft statute of Advisory Center on international investment dispute resolution

  Apr 09, 2024

• [Updated] European Commission sets out 3-pillar process for implementation of coordinated withdrawal from Energy Charter Treaty, modernisation process, and exclusion of intra-EU arbitrations

  Mar 21, 2024

• Portugal denounces Energy Charter Treaty; contracting parties will need to designate new depositary

  Mar 08, 2024

• France and Germany submit notes verbales addressing consequences of their withdrawal from Energy Charter Treaty

  Mar 06, 2024

• European Commission proposes draft Council decisions that would not block adoption of modernized ECT

  Mar 01, 2024

• Honduras exits ICSID Convention

  Feb 29, 2024

• United Kingdom leaves Energy Charter Treaty over failed modernisation process

  Feb 22, 2024

• CETA parties agree on substance of interpretative statement regarding investment provisions

  Feb 09, 2024

• Ukraine government proposes denunciation of Belarus-Ukraine BIT

  Dec 19, 2023

• Latest session of UNCITRAL Working Group III results in new drafts on advisory centre and means of preventing and mitigating investment disputes; delegates also debated draft provision on damages in ISDS

  Nov 29, 2023

• European Commission releases non-paper containing model clauses for bilateral investment treaties between EU member states and third countries

  Oct 31, 2023

• UK may withdraw from ECT if modernization is not approved by November 2023

  Sep 01, 2023

• Analysis: Kenya-Singapore BIT enters into force; treaty contains tobacco, taxation, and social and health exclusions, alongside traditional standards of protection

  Sep 01, 2023

• Ukraine one step closer to denouncing Russia-Ukraine BIT

  Aug 28, 2023

• UNCITRAL Secretariat publishes updated Draft Provisions on procedural and cross-cutting issues for consideration by Working Group III; Draft Provisions include denial of benefits for abuse of process, rules on transparency and third-party funding, and limitations to the total damages that may be awarded

  Aug 09, 2023

• Ecuador’s Constitutional Court declares investor-state arbitration clauses of Ecuador-Costa Rica Trade Association Agreement unconstitutional

  Aug 04, 2023

• UNCITRAL Working Group III to consider updated Draft Provisions on Advisory Centre on International Investment Law

  Aug 01, 2023

• United Kingdom joins CPTPP

  Jul 18, 2023

• UN member states adopt Code of Conduct for Arbitrators jointly developed by ICSID and UNCITRAL

  Jul 14, 2023

• Energy Charter’s Secretary-General appeals to EU member states to vote for modernized ECT, despite the European Commission’s recent proposal for a coordinated withdrawal

  Jul 11, 2023

• European Commission submits formal proposals for the EU and Euratom to withdraw from the ECT; Commission opines that sunset clause never applied to intra-EU disputes, but it nevertheless proposes the adoption of a subsequent agreement on this issue

  Jul 07, 2023

• European Commission to present concrete legal proposals for a coordinated withdrawal from the Energy Charter Treaty in the coming days

  Jul 05, 2023

• South Asia Round Up: An update on arbitration-related developments in the region

  Jun 07, 2023

• Analysis: Investment Protocol to the African Continental Free Trade Area agreement emphasises sustainable development, setting narrow standards of protection and introducing obligations on foreign investors

  May 25, 2023

• Planned vote on modernised ECT is postponed, as EU member states and institutions discuss way forward

  Apr 28, 2023

• [Updated] UNCITRAL Working Group III adopts final versions of Codes of Conduct; ban on double-hatting is maintained, and cooling-off periods are clarified

  Apr 26, 2023

• Three EU member states have recently notified their withdrawal from the ECT, according to the Energy Charter Secretariat

  Mar 23, 2023

• Norway pursues termination of its BITs with states from the European Economic Area; several termination agreements have already entered into force

  Mar 22, 2023

• Chile joins Pacific free-trade agreement – but excludes investor-state arbitration through side letters with New Zealand

  Feb 23, 2023

• After meeting in Vienna, members of UNCITRAL Working Group on ISDS are still unsure about scope of double-hatting prohibition in code of conduct for arbitrators

  Feb 22, 2023

• Venezuela signs new BIT with Colombia; while states agree to investor-state arbitration, treaty is characterized by unorthodox drafting and innovative approach to investor protection

  Feb 17, 2023

• Energy Charter Treaty Secretariat sends letter to EU Parliament to clarify modernised text and urge EU not to block modernisation process

  Feb 15, 2023

• [Updated] Text of first ever BIT concluded by Jersey surfaces, as the self-governing UK dependency signals that more investment protection treaties are in the pipeline

  Feb 15, 2023

• As UNCITRAL WGIII meets to work on ISDS reform, Secretariat releases commentary of code of conduct for judges of future standing mechanism

  Jan 23, 2023

• Analysis: EU-Chile Agreement implements Investment Court System, clarifies FET and FPS, and provides for mechanisms aimed at expediting proceedings

  Dec 15, 2022

• EU and Chile agree on Advanced Framework Agreement, including provisions on standing investment court

  Dec 10, 2022

• Germany’s Parliament ratifies CETA

  Dec 02, 2022

• [Updated] Germany’s governing coalition reaches agreement on trade issues – including withdrawal from the ECT, ratification of CETA, and initiating negotiations with the USA for a free trade agreement

  Nov 30, 2022

• European Parliamentarians call for coordinated withdrawal from the ECT

  Nov 24, 2022

• Energy Charter Conference concludes without adoption of modernised treaty – for now

  Nov 22, 2022

• European Commission seeks postponement of tomorrow’s vote on modernised ECT, as EU member states disagree on proper approach

  Nov 21, 2022

• The latest EU state to leave the Energy Charter Treaty: Luxembourg

  Nov 18, 2022

• Ireland’s Supreme Court declares ratification of CETA to be incompatible with the state’s constitution – but modification of Irish arbitration law may offer a cure

  Nov 14, 2022

• Another EU state announces its withdrawal from the ECT, as EU Commission stands its ground

  Nov 10, 2022

• ECT Secretariat sets out views on conditions for terminating the treaty’s sunset clause

  Nov 07, 2022

• Dutch government announces intention to withdraw from Energy Charter Treaty

  Oct 18, 2022

• European Commission proposes Subsequent Agreement on interpretation of the Energy Charter Treaty, reiterating that intra-EU arbitration is incompatible with the EU Treaties

  Oct 06, 2022

• Analysis: Germany and European Commission propose draft decision on interpretation of CETA, addressing scope of FET and expropriation provisions, as well as climate change

  Sep 08, 2022

• ICSID and UNCITRAL Secretariats release draft commentary to joint Code of Conduct

  Aug 25, 2022

• Breaking: Parties reach agreement in principle on modernizing Energy Charter Treaty, including carve-outs for fossil fuels and intra-EU disputes, stricter definitions and standards of protection, and application of 2014 UNCITRAL Rules on transparency

  Jun 24, 2022

• ICSID publishes final version of its 2022 Rules and Regulations, which will come into force on July 1, 2022

  Jun 22, 2022

• CJEU declines to opine on compatibility of proposed amendments to ECT with EU law

  Jun 16, 2022

• ECT modernisation negotiations progress, although EU seems ever more tempted to denounce the treaty

  May 23, 2022

• In unorthodox move, Poland announces withdrawal of consent to be bound by BIT with Russia that is yet to be ratified by the Russian side

  Mar 30, 2022

• Germany’s Constitutional Court upholds provisional application of CETA

  Mar 15, 2022

• As Minsk faces sanctions for enabling Russia’s invasion of Ukraine, Turkey moves to ratify long-stalled investment treaty with Belarus

  Mar 04, 2022

• ICSID puts proposed Amended Rules to a vote

  Jan 20, 2022

• ICSID releases sixth – and last – Working Paper, setting the stage for application of new Rules by mid-2022

  Nov 15, 2021

• UNCITRAL Working Group III publishes draft on standing multilateral dispute mechanism

  Sep 07, 2021

• Stakeholders submit comments on latest version of ICSID and UNCITRAL Draft Code of Conduct for Adjudicators; states and observers remain divided as to provisions on double-hatting

  Jul 23, 2021

• Ecuador’s Constitutional Court finds that ratification of the ICSID Convention does not require parliamentary approval; dissenters emphasize constitutional prohibition against the conclusion of ISDS treaties

  Jul 01, 2021

• New BIT offers insights into both Japan’s and Georgia’s treaty practices; BIT excludes arbitral awards from its scope of protection, devotes a separate article to intellectual property rights, and contains provisions on corruption, health, safety and environmental issues

  Jun 30, 2021

• After Ecuador re-signs the ICSID Convention, the government argues that the treaty’s ratification by Parliament is not required

  Jun 23, 2021

• Over 10 years after denouncing the treaty, Ecuador once again signs the ICSID Convention

  Jun 21, 2021

• Spain and Colombia sign new bilateral investment treaty, maintaining investor-state arbitration pending entry into force of multilateral investment court

  Jun 18, 2021

• Newly ratified Georgia-Turkey BIT emphasizes legality requirement, allows for denial of benefits for round-trip investments, and eliminates ambiguous local litigation provision

  Jun 18, 2021

• Australia and United Kingdom announce “agreement in principle” on a new FTA, including an investment chapter, but no ISDS mechanism

  Jun 17, 2021

• ICSID publishes fifth working paper, proposing new provisions on ownership and control, third-party funding and costs; Secretariat invites state parties to proceed to a final vote

  Jun 16, 2021

• European Parliament puts ratification of China investment agreement on hold in light of Chinese sanctions

  May 21, 2021

• Unpacking Canada’s new 2021 model BIT: No mention of FET, expedited arbitration for small claims, a code of conduct expanded to arbitrator staff and assistants, and promotion of inclusiveness

  May 17, 2021

• UNCITRAL and ICSID release new version of Draft Code of Conduct for Adjudicators

  Apr 20, 2021

• UNCITRAL Working Group III to consider whether it can wrap up ISDS reform by 2025

  Apr 13, 2021

• Canada launches public consultations regarding future trade agreements with the UK

  Apr 08, 2021

• [Updated] CETA parties adopt decisions on appellate tribunal, joint interpretation procedure, code of conduct, and mediation rules

  Feb 01, 2021

• UNCITRAL Working Papers on appeal mechanism and selection and appointment of ISDS adjudicators reveal rift between parties as to desirability of standing investor-state dispute settlement body

  Jan 14, 2021

• [UPDATED with links to the Agreement] EU and China agree on Comprehensive Agreement on Investment – but investor-state dispute settlement will be negotiated at a later stage

  Dec 30, 2020

• Energy Charter Treaty modernization negotiations reveal fault lines regarding FET standard, MFN clause, and right to regulate

  Dec 28, 2020

• Asia-Pacific states sign partnership agreement with investment chapter, but no investor-state arbitration provision (as of yet)

  Nov 16, 2020

• New ICC Arbitration Rules regulate the arbitrators’ nationalities and emergency arbitration in treaty-based cases; third-party funding must be disclosed

  Oct 30, 2020

• Australia invites submissions by stakeholders as it embarks on BIT reform project

  Sep 03, 2020

• Agreement to terminate intra-EU BITs enters into force; three member states make special declarations

  Aug 31, 2020

• West Africa Round-Up: An update on arbitration disputes in the region

  Aug 27, 2020

• Kazakhstan fends off claims by Canadian gold miner, as tribunal finds it is not a successor to USSR BIT

  Aug 04, 2020

• Revealed: Reasons surface for tribunal’s decision that Montenegro was not bound by the Russia-Yugoslavia BIT

  Jul 03, 2020

• USA files non-disputing party submission in dual-nationals’ case against Colombia

  Jun 05, 2020

• European Commission initiates infringement proceedings against the United Kingdom and Finland over failure to terminate intra-EU BITs

  May 14, 2020

• Breaking: EU member states sign plurilateral treaty to terminate intra-EU BITs

  May 06, 2020

• Revealed: Arbitrators in Pan American Energy v. Bolivia disagreed on whether jurisdictional questions could be raised under ICSID Arbitration Rule 41(5) but found that, in any case, the investor’s claims did not manifestly lack legal merit

  May 06, 2020

• EU’s second draft proposal for Energy Charter Treaty renegotiation reaffirms the EU’s commitment to a multilateral investment court, proposes a provision on valuation of damages, and addresses public debt restructuring in post-COVID 19 context

  May 04, 2020

• ICSID and UNCITRAL release first draft of much-anticipated code of conduct for ISDS adjudicators, proposing rules on double-hatting, disclosure and other ethical questions

  May 01, 2020

• NAFTA successor-treaty to enter into force in July of 2020

  Apr 28, 2020

• ICSID releases fourth (and potentially last) Working Paper, with changes regarding disclosure of ownership and control, costs allocation, and transparency

  Mar 01, 2020

• Taiwan Round-Up: another claim threatened under Singapore investment treaty; new agreement inked with Vietnam

  Dec 20, 2019

• Nepal Round-Up: government releases draft model investment treaty, revealing inspiration from Indian counterpart; arbitrators issue provisional measures in pending BIT case

  Dec 20, 2019

• ANALYSIS: Leaked records of US-UK discussions between negotiators, offer insights into thinking on investment obligations and dispute settlement

  Nov 28, 2019

• Analysis: Energy Charter Treaty Secretariat release wide-ranging proposals by governments for treaty amendments

  Oct 11, 2019

• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations

  Jul 08, 2019

• ANALYSIS: the European Court of Justice’s reasons for upholding the compatibility of CETA’s investor-state mechanism with EU law

  Apr 30, 2019

• [UPDATED with full analysis]: Belgium and Luxembourg unveil model bilateral investment treaty text, with party-appointed ISDS mechanism enjoying a temporary foothold

  Apr 24, 2019

• After respective battles with Philip Morris, Australia and Uruguay unveil new bilateral investment treaty

  Apr 15, 2019