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The ISDS reform process: The missing development agenda
For developing countries, governing foreign direct investment through IIAs and ISDS corresponds to a policy model discredited by years of social and economic failures.
ICSID Tribunal dismisses claims against the Democratic Socialist Republic of Sri Lanka
The tribunal dismissed the claimants’ invocation of the UK-Sri Lanka BIT on jurisdictional grounds.
Mauritius: Arbitration proceedings between Thomas Gosling and others - All claims dismissed
The case concerns a dispute submitted to the International Centre for Settlement of Investment Disputes (ICSID) on the basis of the UK-Mauritius BIT.
Arbitration case law update: Supreme Court lifts stay on enforcement of ICSID award: the Micula saga continues
This is far from the end of the Micula story. Enforcement proceedings continue in the United States, France, Belgium, Luxembourg and Sweden, and there are questions before the CJEU.
Provisional application of the Energy Charter Treaty: Article 45(1) “Limitation Clause”
When it issued three interim awards for Yukos, the arbitral tribunal noted that the principle of provisional application of treaties was recognized under Russian law.
UNCITRAL and ISDS reform: Plausible folk theories
As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward.
Tanzania reviews law on mediation for investors
One of Tanzania’s concessions to Barrick in the new deal is the right to seek international arbitration in case of disputes.
Vodafone, Cairn eligible for settling disputes under tax amnesty scheme
Vodafone’s dispute relates to its $11 billion acquisition of a 67% stake in the mobile-phone business owned by Hutchison Whampoa. Cairn Energy is contesting a big tax bill that Indian government raised for a 2006 transaction.
Rental power: Government submits dispute settlement documents to ICSID
Pakistan's team exchanged its draft agreement with Turkish team's draft and prepared a consensus document which will again be shared with the federal cabinet for approval before presenting it to the ICSID.
ICSID's longest running dispute: Tribunal dismisses application for annulment of resubmission award
An ad hoc committee has recently dismissed the claimants' application to annul a resubmission award in Victor Pey Casado and President Allende Foundation v Republic of Chile.