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

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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

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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

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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

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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

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[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

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

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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

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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

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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

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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

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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

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

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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

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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

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

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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

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[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

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

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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

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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

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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

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

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

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