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A new model bilateral investment treaty for African states
The model BIT aims to balance two objectives: the attraction of foreign direct investment to African states and the promotion of sustainable development.
Is investor-state dispute settlement an appropriate forum for the resolution of investment disputes arising from armed conflicts? Part 2: the quest to find a just and equitable remedy
ISDS is an unsuitable forum for the just resolution of investment disputes founded on the consequences of armed conflict.
Is investor-state dispute settlement an appropriate forum for the resolution of investment disputes arising from armed conflicts? Part 1: normative conflicts and consequences
Unsatisfyingly, ISDS permits international investment law to exist in a vacuum that enables those tasked with adjudicating disputes to turn a blind eye to international humanitarian law norms.
Bahrain found liable for indirect expropriation for putting Iranian-controlled Future Bank under administration
A tribunal awarded a sum of EUR 243 million plus interest to Bank Melli Iran and Bank Saderat Iran in their investor–state dispute against the Kingdom of Bahrain.
NAFTA tribunal in Westmoreland v. Canada declines jurisdiction, finding that the claimant did not own or control the investment at the time of the alleged breach
The dispute pertained to an investment made by Westmoreland Coal Company, a US‑incorporated company, in two Canadian enterprises in April 2014.
OECD conference on investment treaties and climate change policy
Experts took particular concern with the fact that most investment treaties do not oblige arbitrators to take into account international agreements on climate change when adjudicating cases.
Ascent starts mediation process in Slovenian partner dispute
UK-listed Ascent Resources and its Slovenian joint venture partner Geoenergo have initiated the mediation process under a dispute resolution mechanism.
Algerian trade cut off with Spain: Spanish companies with interests in Algeria should take measures to manage their risks
Spain’s recognition of the autonomy plan for Western Sahara proposed by Morocco has escalated diplomatic tensions between Spain and Algeria.
Regulatory chill in a warming world: The threat to climate policy posed by investor-state dispute settlement
There is a great threat posed by the potential use of ISDS by the fossil fuel industry to stall action on climate change.
Int'l tribunal brings to close decade-long S. Korea-Lone Star dispute settlement
An international tribunal declared an end to all proceedings in a multi-billion dollar suit the US private equity firm Lone Star filed against South Korea's government 10 years ago.