ITN Quarterly August 2016
PDF – English (1.17 MB) – Français (1.18 MB) – Español (1.18 MB)
Insights
- UNASUR Centre for the Settlement of Investment Disputes: Comments on the Draft Constitutive Agreement, by Katia Fach Gómez and Catharine Titi
- Can EU Member States Still Negotiate BITs with Third Countries?, by Stefanie Schacherer
- Recasting Rules and Exceptions? On the Relationship Between Regulatory Sovereignty and International Investment Law, by Harm Schepel
News in Brief
- Brexit and contentious topics complicate TTIP negotiations; public opposition continues
- EU negotiation agenda to continue despite Brexit; MERCOSUR and Indonesia at sight
- United Kingdom makes trade and investment negotiation moves for post-Brexit era
- CETA to be concluded as a mixed agreement; Commission hopes for signing in October
- RCEP partners conclude 13th negotiating round in Auckland; three further rounds in 2016
- India takes steps to reform its investment policy framework after approving new model BIT
Awards and Decisions
- Philip Morris v. Uruguay: all claims dismissed; Uruguay to receive US$7 million reimbursement (Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7), by Martin Dietrich Brauch
- Corporate restructuring and abuse of rights: PCA tribunal deems Philip Morris’s claims against Australia’s tobacco plain packaging rules inadmissible (Philip Morris Asia Limited v. The Commonwealth of Australia, PCA Case No. 2012-12), by Inaê Siqueira de Oliveira
- ICSID tribunal upholds Panama’s abuse of process objection; Transglobal to pay arbitration costs and most of Panama’s legal expenses (Transglobal Green Energy, LLC and Transglobal Green Panama, S.A. v. Republic of Panama (ICSID Case No. ARB/13/28), by Inaê Siqueira de Oliveira
- Claimant fails to comply with three-year limitation period under CAFTA-DR (Corona Materials, LLC v. Dominican Republic, ICSID Case No. ARB (AF)/14/3), by María Florencia Sarmiento
- Venezuela ordered to pay US$1.202 billion plus interest to Canadian mining company Crystallex for FET breach and expropriation (Crystallex International Corporation v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/11/2), by Martin Dietrich Brauch
- NAFTA tribunal dismisses claims against Canada on green energy Feed-In Tariff program (Mesa Power Group, LLC v. Government of Canada, UNCITRAL, PCA Case No. 2012-17), by Matthew Levine
- Turkey–Turkmenistan BIT: tribunal finds claims admissible but dismisses them on merits (İçkale İnşaat Limited Şirketi v. Turkmenistan, ICSID Case No. ARB/10/24), by Matthew Levine
