On 25 August 2025, the Singapore Ministry of Law (MinLaw) and the International Centre for Settlement of Investment Disputes (ICSID) signed a Letter of Intent to formalise ICSID’s establishment of an office in Singapore. The...more
Amid the flurry of expected international trade actions by the second Trump administration, the outgoing Biden White House reached a significant (but overlooked) agreement of its own to curtail investor-state dispute...more
I. INDIA’S HISTORY WITH BILATERAL INVESTMENT TREATIES 1. Bilateral investment treaties (“BITs”) are agreements between countries that provide protections to investors from one state investing in the other (the “host...more
As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more
North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute settlement (ISDS) legacy claims will soon expire and U.S., Canadian, and Mexican investors should review their investments and ascertain whether...more
On March 21, the Member States of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) approved extensive amendments to the Centre’s rules and regulations that will go into effect on July 1,...more
The new presidential administration in the United States, with its focus on the decarbonization of the electricity sector and having recently returned the country to the Paris climate accord, clashes head-on with the goals of...more
On August 13, 2020, the International Centre for Settlement of Investment Disputes (ICSID) released its Fiscal Year 2020 Caseload Report (FY2020 Report or Report). ICSID updates its caseload statistics every six months. This...more
The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics. This information indicates...more
A decision rendered on Aug. 20, 2020, by an investor-state dispute settlement (ISDS) tribunal in the Portigon AG v. Kingdom of Spain arbitration (ICSID Case No. ARB/17/15) is welcome news for investment funds and banks active...more
In recent years there has been increasing focus on arbitrators also acting as counsel, a practice known commonly as ‘double hatting’ or ‘dual hatting.’ This can result, for example, in arbitrators appearing as counsel before...more
The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more
In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are...more
USMCA – What Next for ISDS? The agreed draft of the new NAFTA agreement between the U.S., Mexico and Canada, called the United States – Mexico – Canada Agreement (the “USMCA”), contains a number of fundamental changes to the...more
• The survival of investment treaty arbitration under the North American Free Trade Agreement (NAFTA) renegotiation process is at a critical point. • An agreement in principle, which could be announced soon, potentially...more
With Davos 2018 in the rear view mirror, some analysts are pegging the “geopolitical momentum” as China’s to claim, thanks in no small part to its expansive and ongoing “Belt and Road” initiative....more
Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more
In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more
The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order...more