ITN Quarterly | December 19, 2020

ITN December 2020

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Insights

Reconciling the rights of multinational companies under IIAs with the tort liability caused by their subsidiaries, by Pablo Agustín Escobar Ullauri
The return of investment screening as a policy tool, by Jonathan Bonnitcha
Are interpretative declarations appropriate instruments to avoid uncertainty? The cases of the Colombia–France BIT and the Colombia–Israel FTA, by Carolina Olarte-Bacares, Enrique Prieto-Rios & Juan P. Pontón-Serra
Does the investment treaty regime promote good governance? The case of mining in Santurbán, Colombia, by Anna Sands
Corporate investors’ nationality and reforming investment treaties: Can older-generation treaties undermine substantive reforms?, by Anil Yilmaz Vastardis
The human rights binding treaty negotiation from an international investment law perspective, by Joe Zhang
Incorporating corporate social responsibility within investment treaty law and arbitral practice: Progress or fantasy remedy?, by Claire Cutler & David Lark

EU investment screening
EC suggests withdrawal is a possibility as Energy Charter Treaty modernization negotiations continue
Asia-Pacific leaders sign RCEP
UNCITRAL Working Group III pre-intersessional meeting on the use of mediation in ISDS
IIA Reform Accelerator Launches

ICSID tribunal rejects denial of justice claim against the Republic of Panama (Bridgestone Licensing Services, Inc. and Bridgestone Americas, Inc. v. Republic of Panama, ICSID Case No. ARB/16/34), by Marios Tokas
In another energy case against Italy, an ICSID tribunal rejects all claims on the merits on the basis that Italy acted reasonably and in the public interest (Eskosol S.p.A. in liquidazione v. Italian Republic, ICSID Case No. ARB/15/50), by Maria Bisila Torao
ICSID tribunal partially upholds jurisdiction claims under Austria–Poland Encouragement and Protection of Investments Agreement and rejects Achmea’s applicability (Strabag SE, Raiffeisen Centrobank AG and Syrena Immobilien Holding AG v. Poland, ICSID Case No. ADHOC/15/1), by Sarthak Malhotra
ICSID tribunal dismisses claims of Interocean Oil Development Company and Interocean Oil Exploration Company against Nigeria while upholding its jurisdiction to hear the claims solely based on Nigeria’s domestic investment statute (Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria, ICSID Case No. ARB/13/20), by Viola Echebima