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Canada releases updated FIPA model: a step forward for the ISDS system
Canada released its “modernized and inclusive” Foreign Investment Promotion and Protection Agreement Model, sending a message that it intends to continue to provide international dispute resolution protections to foreign investors.
The Advocate General calls for additional requirements to be satisfied in order for an individual arbitration agreement in intra-EU investment arbitration to be compatible with EU law
For the Advocate General , the award must be subject to a comprehensive review of the award in light of EU law and the arbitration agreement must not violate the principle of equal treatment.
Devas’ investors push for amicable settlement of row
Devas (Mauritius) Ltd, Telcom Devas Mauritius Ltd and Devas Employees Mauritius Pvt. Ltd are seeking to enforce an international arbitration award they had won in 2015.
First Japan investment treaty claim renewable energy disputes in Asia
In order to mitigate host state risk, foreign investors should consider the importance of investment treaty protection.
Panthera Resources allows term sheet with Galaxy to lapse
The firm said its efforts were focused on pursuing its legal rights in India, and working with Fasken in preparation for a potential international arbitration under the Australia-India Bilateral Investment Treaty.
Quantum (in)justice: rethinking the calculation of compensation and damages in ISDS
Calculations of compensation and damages in ISDS practice is built on a series of myths and unjustifiable assumptions.
Research undermines billion euro “compensation” claims by German energy companies for Dutch coal phase-out
The claims that German energy companies RWE and Uniper have submitted in response to a Dutch law that phases out coal by 2030 are not in line with the declining value and profitability of their coal power plants in the Netherlands.
Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other BITs
The Higher Regional Court held that there was no room for reasonable doubt that the arbitration clause in the Croatia - Austria BIT was invalid based on the rulings in Achmea.
The real cause and the hard cure for the “regulatory chill” of international investment agreements
The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
Could COVID-19 trigger ‘localizing’ of international investment arbitration?
This brief argues for the ‘localization’ of investor-State dispute settlement (ISDS) proceedings in host States and regions where the investment is actually located.