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Human rights in investment treaty disputes – what's on the horizon?
Given the dynamic relationship between the protection of foreign investment and human rights, investors wishing to rely upon investment treaty provisions should fully integrate human rights considerations into their investment decisions and operations.
Analysis: Will Nigeria yield in oil deal wrestling bout with Shell and Eni?
Eni’s threat to drag Nigeria to an international arbitration hearing appears to be a negotiation tactic to reduce the final bill.
UNCITRAL tribunal dismisses claims of German aircraft leasing company against the Czech Republic while upholding its jurisdiction over the intra-EU claim
The tribunal rejected the investor’s claims of expropriation, breach of standard of FET, breach of standard of full protection and security, and breach of standard of non-arbitrary or discriminatory measures.
All claims dismissed in telecommunications case against Canada: Changes in the regulatory environment did not breach F.E.T.
The tribunal dismissed all claims on merits, apart from the claim under national treatment, which was considered outside the tribunal’s jurisdiction.
UNCITRAL and ISDS reform (online): can you hear me now?
Does moving online mean more governments and more officials participate? Or does it lessen the prestige and priority of the negotiations, leading to less engagement by key officials?
Assessing outcomes in ISDS
15 highly active respondent countries with net ISDS losses cumulatively account for USD 14.8 billion in net outcomes through 2017.
The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act
Tanzania has enacted significant changes to the legislation governing foreign investment in natural resources with the aim of ridding the sector of the vestiges of “colonial” relationships.
Slovakia wins international arbitration against Polish investor
The subject of the dispute was the use of mineral water from springs located in the Slovak village of Legnava, which was supposed to have been transported by pipeline to Poland.
UNCITRAL WGIII and human rights: towards a more balanced ISDS system?
Effective and holistic reform must go beyond procedural matters and cover substantive matters in order to rebalance the system and address recurring concerns that threaten the legitimacy of the ISDS system.
Algeria: Never-ending battle with Sawiris’ Orascom finally concudes
Algeria has won the final round of a battle that pitted it against Egyptian billionaire Naguib Sawiris’s holding company. We take a look back on this more than 10-year-long judicial saga.