ITN Quarterly September 2017
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Insights
- The 2016 Morocco–Nigeria BIT: An Important Contribution to the Reform of Investment Treaties, by Tarcisio Gazzini
- A Look into China’s Slowly Increasing Appearance in ISDS Cases, by Dilini Pathirana
- Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada, by Gus Van Harten and Dayna Nadine Scott
- Can Foreign Investors Be Held Liable for Human Rights Violations? International Human Rights Law and Beyond, by Carlos Andrés Sevilla Albornoz
News in Brief
- Canada, Mexico and United States hold rst rounds of NAFTA renegotiation
- Report on third-party funding in international arbitration opened for public comment
- HKIAC invites comments on including investment arbitration provisions in revised rules
- EU launches consultation on prevention and resolution of intra-EU investment disputes
- UNCITRAL receives mandate to work on ISDS reform, Transparency Convention to enter into force on October 18, 2017
- Canada–EU CETA to be provisionally applied as of September 21, 2017
- EU and Japan reach agreement in principle on EPA, ISDS remains fully open
Awards and Decisions
- All claims by Isolux Infrastructure Netherlands against Spain are dismissed (Isolux Infrastructure Netherlands B.V. v. the Kingdom of Spain, SCC Case No. V2013/153), by Claudia Maria Arietti Lopez
- Argentina ordered to pay over USD320 million for unlawful expropriation in airlines case (Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. The Argentine Republic, ICSID Case No. ARB/09/1), by Maria Florencia Sarmiento
- An ICSID tribunal dismisses its jurisdiction as investor abused its rights by “reviving” a company to access arbitration (Capital Financial Holdings Luxembourg SA v. Republic of Cameroon, ICSID Case No. ARB/15/18), by Suzy Nikièma
- Investors triumph over Spain in a claim concerning Spain’s regulatory overhaul for clean energy (Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36), by Gladwin Issac
- WNC v. Czechia: tribunal dismisses expropriation claim and determines that it has no jurisdiction over all other claims (WNC Factoring Limited v. The Czech Republic, PCA Case No. 2014-34), by Andrej Arpas
- ICSID tribunal awards roughly USD380 million in compensation for illegal expropriation by Ecuador (Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5), by Matthew Levine
- Ecuador awarded USD41 million in counterclaim against U.S. oil and gas company Burlington Resources (Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5), by Matthew Levine
Resources and Events
