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Climate change and investor-state dispute settlement
ISDS is likely to be an increasingly important avenue for the resolution of climate change disputes.
Taking equity into account in international and domestic legal frameworks on compensation for climate change and the energy transition
In the context of investment treaties and arbitration, states should not put private arbitrators in the driver’s seat on issues of valuation of fossil fuel assets and compensation.
Argentina to appeal court ruling ordering it to pay millions to Casinos Austria
After years of dispute, the ICSID ruled last November that the province of Salta must pay an eight-figure sum as compensation. Argentina has only now decided to appeal the decision.
Energy Charter Treaty fundamentally incompatible with EU law, study finds
Withdrawal from the Energy Charter Treaty (ECT) is the only realistic way for the European Union to fix the outdated treaty’s incompatibility with the EU’s own laws, a new in-depth legal study has found.
A peek under the hood: Unwrapping the 2019 Moroccan model BIT
The 2019 Moroccan Model BIT is a good example of the growing body of ‘new generation’ Model BITs fuelling the ISDS reform conversation.
Kyrgyzstan ratifies ICSID Convention
Kyrgyzstan government deposited with the World Bank a document on the ratification of the ICSID Convention, thereby completing the process of joining the world's leading institution for resolving international investment disputes.
Slovenia imposes blanket ban on fracking
The Slovenian parliament has imposed a blanket ban on hydraulic fracturing to produce natural gas, amid arbitration proceedings initiated against Slovenia by Ascent Resources.
The new work programme on the future of investment treaties at the OECD
The initiative is aimed at exploring “how the investment treaties of tomorrow could help address these challenges and how to deal with existing agreements in a pragmatic way.”
UNCITRAL Working Group III continues its work on ISDS reform at its 42nd session
UNCITRAL WGIII will reconvene from September 5 to 16, 2022, at its 43rd formal session.
Another round of ECT negotiations
From March 1 to 4, 2022, ECT parties met for their 11th round of negotiations for a possible reform of the treaty but the meeting was overshadowed by rising energy prices and the Russian invasion of Ukraine.