Resources and Events
Resources
Investor–State Dispute Settlement: Review of developments in 2016
By United Nations Conference on Trade and Development (UNCTAD), Published by UNCTAD, May 2017
The IIA Issues Note reviews developments in treaty-based investor–state dispute settlement (ISDS) in 2016. It contains an overview of cases initiated, overall case outcomes and analyses of decisions. Investors initiated 62 cases, bringing the total to 767 known arbitrations. The new cases were brought against 41 countries, mostly by developed-country investors. Tribunals rendered 57 substantive decisions, 41 of which are public. The note concludes that the wording of specific provisions is a key factor in case outcomes, underlining the importance of balanced and careful treaty drafting. It notes that this applies to future treaties and calls for modernizing old-generation treaties. Available at http://investmentpolicyhub.UNCTAD.org/Publications/Details/172.
International Investment Arbitration: Substantive principles
By Campbell McLachlan, Laurence Shore & Matthew Weiniger, Published by Oxford University Press, May 2017
The legal principles that have developed in investment arbitration are subject to intense debate and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law, many principles applied have only been developed recently, and tribunals are often guided more by the approaches taken by other tribunals than by pre-existing public international law doctrines. This work critically reviews the substantive principles of international law applied by investment tribunals, and describes the present state of the law created, applied and analyzed by tribunals. This updated second edition takes account of arbitration awards rendered since 2007. Available at https://global.oup.com/academic/product/international-investment-arbitration-9780199676798.
International Investment Law and the Global Financial Architecture
By Christian J. Tams, Stephan W. Schill & and Rainer Hofmann (Eds.), Published by Edward Elgar Publishing, February 2017
The global crises of the early 21st century have tested the international financial architecture. To ensure stability, governments have regulated financial and capital markets. This has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book considers where the line should be drawn between legitimate regulation and undue interference with investor rights, and who draws it. It assesses the key challenges facing decision makers, analyzes arbitral and treaty practice, and evaluates ways towards a balanced system of investment protection in the financial sector. Available at http://www.e-elgar.com/shop/international-investment-law-and-the-global-financial-architecture.
The Use of Economics in International Trade and Investment Disputes
By Theresa Carpenter, Marion Jansen & Joost Pauwelyn (Eds.), Published by Cambridge University Press, April 2017
This volume explores insights from the fields of trade law, investment arbitration, competition law and commercial arbitration on the use of economics within disputes, providing a comprehensive overview of existing knowledge and practice regarding the use of economics in international economic law. Available at http://www.cambridge.org/academic/subjects/law/international-trade-law/use-economics-international-trade-and-investment-disputes.
Domestic Law in International Investment Arbitration
By Jarrod Hepburn, Published by Oxford University Press, April 2017
Drawing on case law, international law principles and comparative analysis, this book addresses when and how investment tribunals should engage with domestic law. Part I examines three areas of investment law—fair and equitable treatment, expropriation and remedies—in which the role of domestic law has been under-appreciated, and argues that tribunals are justified in drawing on domestic law in rulings on these issues. Part II evaluates how tribunals have ruled on questions of domestic law to date, and proposes a normative framework for ascertaining the contents of domestic law. The book contends that closer attention to domestic law could reduce criticism of investment arbitration. Available at https://global.oup.com/academic/product/domestic-law-in-international-investment-arbitration-9780198785736.
Events 2017
June 12–14
TRAINING FOR MEDIATORS IN INVESTOR–STATE DISPUTES, Centre for Effective Dispute Resolution (CEDR), International Centre for Settlement of Investment Disputes (ICSID), International Mediation Institute (IMI) & International Energy Charter (IEC), at ICSID, Washington, D.C., United States, https://icsid.worldbank.org/en/Pages/News.aspx?CID=216
June 19
IS A MULTILATERAL INVESTMENT TREATY NEEDED?, World Trade Institute, Bern, Switzerland, https://www.wti.org/outreach/events/589/investment-conference-is-a-multilateral-investment-treaty-needed
June 22
UNIGE–IISD LUNCH SERIES ON INVESTMENT DISPUTES, University of Geneva (UNIGE) & International Institute for Sustainable Development (IISD), at UNIGE, Geneva, Switzerland, http://www.IISD.org/project/unige-IISD-lunch-series-investment-disputes
June 29–30
GLOBAL FORUM ON RESPONSIBLE BUSINESS CONDUCT, Organisation for Economic Co-operation and Development (OECD), Paris, France, http://mneguidelines.oecd.org/global-forum
June 30
TOPICAL ISSUES IN INVESTMENT ARBITRATION, Session 3, “Ne ultra petita,” Research Centre on Procurement Law and International Investments (CREDIMI), French National Centre for Scientific Research (CNRS) & University of Burgundy, at Freshfields Bruckhaus Deringer LLP, Paris, France, https://www.transnational-dispute-management.com/news/20170630.pdf
July 12–21
EXECUTIVE TRAINING ON SUSTAINABLE INVESTMENTS IN AGRICULTURE, Columbia Center on Sustainable Investment (CCSI), New York, United States, http://ccsi.columbia.edu/2017/07/12/executive-training-program-on-sustainable-investments-in-agriculture-3
July 24–August 11
REGIONAL COURSE ON KEY ISSUES ON THE INTERNATIONAL ECONOMIC AGENDA, 37th COURSE (LATIN AMERICAN AND CARIBBEAN ECONOMIES), UNCTAD & Colombian Ministry of Foreign Affairs, at EAFIT University, Medellín, Colombia, http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=1443
July 31–August 10
EXECUTIVE TRAINING ON INVESTMENT TREATIES AND ARBITRATION FOR GOVERNMENT OFFICIALS, CCSI, New York, United States, http://ccsi.columbia.edu/2017/07/31/executive-training-on-investment-arbitration-for-government-officials-3
November 6–8
11th ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, Kenya Investment Authority (KenInvest), IISD & South Centre, Nairobi, Kenya, http://www.iisd.org/event/11th-annual-forum-developing-country-investment-negotiators
