ITN October 2018

• A Critical Review of the Debate on Investment Facilitation, by Luciana Ghiotto
• Reforming Investment Treaties: Does treaty design matter?, by Tarald Laudal Berge and Wolfgang Alschner
• New Egyptian Investment Law: Eyes on sustainability and facilitation, by Moataz M. Hussein
• Toward an International Convention on Business and Human Rights, by Carlos Lopez

Featured e-book

• International Investment Law and Sustainable Development: Key cases from the 2010s, by Stefanie Schacherer, edited by Nathalie Bernasconi-Osterwalder and Martin Dietrich Brauch

News in Brief

• NAFTA 2.0 finalized, announced as USMCA: Mexico, United States agree to limit ISDS clause; Canada to pull out of ISDS after a three-year window
• UNCITRAL Working Group III to continue debate on possible multilateral reform of ISDS
• Canadian government launches consultation on Canada’s foreign investment promotion and protection agreements (FIPA), open until October 28, 2018
• UN Working Group on Business and Human Rights hosts 4th session October 15­–19, 2018
• Over 300 U.S. state legislators strongly support USTR’s efforts to remove ISDS from NAFTA
• Published texts reveal minor edits to the ISDS clause in the United States–South Korea FTA
• Reduced scope of application of ISDS in RCEP; negotiating partners still aim at end-2018
• Australian Labor Party drops opposition to CPTPP, vows to remove ISDS bilaterally

Awards and Decisions

• ICSID tribunal finds Croatia in breach of expropriation obligations under Austria–Croatia BIT (Georg Gavrilović and Gavrilović D.O.O. v. Republic of Croatia, ICSID Case. No. ARB/12/39), by Kirrin Hough
• Spain found to have breached the Energy Charter Treaty in award by ICSID tribunal (Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. v. The Kingdom of Spain, ICSID Case No. ARB/13/31), by Trishna Menon
• Cypriot investor awarded EUR 18 million for expropriation and violation of national treatment and FET (Olin Holdings Limited v. State of Libya, ICC Case No. 20355/MCP), by Pietro Benedetti Teixeira Webber
• The Czech Republic fends off another claim in relation to their renewable energy scheme (Antaris Solar GmbH and Dr. Michael Göde v. Czech Republic, PCA Case No. 2014-01), by Joseph Paguio
• ICSID tribunal awards compensation for the seizure of power generation vessels, dismisses Pakistan’s counterclaim (Karkey Karadenize Elektrik Uretim A.S. v. Islamic Republic of Pakistan, ICSID Case No. ARB/13/1), by Amr Arafa Hasaan
• PCA tribunal holds India liable for unlawful expropriation and FET breach under India–Mauritius BIPA (CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited., and Telcom Devas Mauritius Limited v. The Republic of India, PCA Case No. 2013-09), by Gladwin Issac

Resources and Events