ITN April 2019
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Insights
- Politically Motivated Conduct in Investment Treaty Arbitration, by Jonathan Bonnitcha and Zoe Williams
- Phase 2 of the UNCITRAL ISDS Review: Why “other matters” really matter, by Jane Kelsey, David Schneiderman and Gus Van Harten
- Enhancing Environmental Protection in International Investment Law Through the Integration of International Civil Liability Principles, by Alessandra Mistura
- Protecting Social Rights Using the Amicus Curiae Procedure in Investment Arbitration: A smokescreen against third parties?, by Maxime Somda
News in Brief
- Achmea judgement fallout: 22 EU member states agree to terminate intra-EU BITs
- European Economic and Social Committee recommends improvements, clarifications for MIC discussions
- CJEU Advocate General finds ICS in line with EU law, final court ruling pending
- UN General Assembly adopts new convention on mediation involving international settlements
- New EU framework on foreign investment screening to take effect in April
- RCEP ministers take stock of negotiations, press for 2019 outcome
- CPTPP Update: Trade deal now in force for seven signatories, more on the way
- ASEAN member states to sign fourth protocol amending Comprehensive Investment Agreement
- Australia and Indonesia sign economic partnership agreement, including ISDS mechanism
- UNCITRAL Working Group III holds New York session
- Investment facilitation discussions resume among WTO member group
awards and decisions
- ICSID tribunal awards ConocoPhillips USD 8.7 billion plus interest in dispute with Venezuela (ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V., ConocoPhillips Gulf of Paria B.V. and ConocoPhillips Company v. The Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30), by Gregg Coughlin
- Venezuela survives ICSID claims of expropriation and FET by Anglo American (Anglo American PLC v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/14/1), by Vishakha Choudhary
- Italy found liable for change in renewable energy policy in intra-EU arbitration (Greentech Energy Systems A/S & Ors. v. The Italian Republic, SCC Arbitration V (2015/095)), by Shyam Balakrishnan
- Tribunal finds expropriation of investment by Bolivia due to nonpayment of compensation but awards only sunk costs to British investor (South American Silver Limited (Bermuda) v. the Plurinational State of Bolivia, PCA Case No. 2013-15), by Trishna Menon
- Cyprus legitimately exercised its police powers, defeats ICSID claims by Greek bankers (Marfin Investment Group Holdings S.A., Alexandros Bakatselos and Others v. Republic of Cyprus, ICSID Case No. ARB/13/27), by Stephanie Papazoglou
- Cyprus fends off SCC expropriation claim by Polish investors over bank bail-in measures (Tomasz Czescik and Robert Aleksandrowicz v. Cyprus, SCC Case No. V 2014/169), by Gladwin Issac
Resources and Events