bilaterals.org logo
bilaterals.org logo

ISDS reform

The seven sins of the EU investment court
1-Mar-2016 EU Observer
Despite all the talk of reform from commissioner Malmstroem, the threat to democratic decision-making is as alive and dangerous as ever.
CETA: EU and Canada agree on new approach on investment in trade agreement
29-Feb-2016 European Commission
The European Commission and the Canadian Government have agreed to include a new approach on investment protection and investment dispute settlement in CETA.
Investment court system, ISDS in disguise: 10 reasons why the EU’s proposal doesn’t fix a flawed system
18-Feb-2016 Friends of the Earth Europe
The European Commission has proposed a new ’Investment Court System’ to replace the current investor to state dispute settlement mechanism (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) and other future investment deals.
Canada re-opens investment talks with India
17-Feb-2016 Embassy
Canada’s government has officially re-opened negotiations with India over a bilateral investment treaty the two sides nearly agreed upon almost a decade ago.
Conciliation and arbitration law: Times of change in investment protection in Bolivia
15-Feb-2016 IISD
Bolivia’s experience has shown that attracting foreign investment does not by itself generate the expected development for host states and that, rather, it consists in a mechanism for financing and transferring resources from the South to the North.
Negotiations kick off on a binding treaty on business and human rights
15-Feb-2016 IISD
The UNGPs set out a three-pillar framework: the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for victims of business-related abuses.
The whole BIT
11-Feb-2016 Business Today
The revised model text for bilateral investment treaties has addressed many concerns, but to avoid litigations, India must renegotiate existing treaties on the basis of the new norms.
Opinion on the establishment of an investment tribunal in TTIP
3-Feb-2016 DRB
The German Magistrates Association rejects the proposal of the European Commission to establish an investment court within the framework of the Transatlantic Trade and Investment Partnership.
India’s new BIT and arbitration law send mixed signals to foreign investors
21-Jan-2016 Lexology
India’s new model BIT text follows the trend of divergent approaches to investment treaty-making by focusing on a more defensive-minded strategy than in its prior treaties.
South America forms alternative to free trade kangaroo courts
21-Jan-2016 Tele Sur
Experts from UNASUR met in the Uruguayan capital Montevideo in order to finalize and sign agreements regarding the proposed center for investigation of international settlement dispute cases.
ANALYSIS: In final version of its new model investment treaty, India dials back ambition of earlier proposals – but still favors some big changes
6-Jan-2016 IA Reporter
Following the release in April of 2015 of a draft model investment treaty, the government of India unveiled a final version of its proposed negotiating text.
American mining giant escaped Indonesian law with ISDS
30-Dec-2015 IPS
American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.
EU Parliament adopts robust mechanism needed for Paris climate talks. Are European national leaders ready to act?
19-Oct-2015 EurActiv
EU Parliament adopts robust mechanism needed for Paris climate talks. Are European national leaders ready to act?
ISDS: courting foreign investors
7-Oct-2015 S2B
Why the Commission’s proposal for an “Investment Court System” still fails to address the key problems of foreign investors’ privileges
HR standard and investor liability in the new model of Indonesian BITs
9-Sep-2015 Indonesia for Global Justice
The Government plan to reassess the 64 Bilateral Investment Treaties (BITs) that have been signed by Indonesia immediately.
International investment agreements and Africa’s structural transformation: a perspective from South Africa
9-Aug-2015 South Centre
The brief describes the widening debate on the implications of international investment agreements for sustainable development and outlines the broad features of alternative policy approaches to foreign direct investment
South Africa’s revocation of its bilateral investment treaties – analysis
6-May-2015 EurAsia Review
From an international policy point of view, South Africa’s denunciation of BITs is reasonable. It may even be seen as a refreshing retreat from a legal quagmire. But the domestic reality requires wider consideration.
New bilateral investment treaty model
13-Mar-2015 Dawn
The Board of Investment is working on Pakistan’s own template of a bilateral investment treaty, which will replace the existing treaties with different countries. And all the future ones will be negotiated on the new template.
ICSID and Latin America: Criticisms, withdrawals and regional alternatives
25-Jun-2013
Latin American states are the only ones in the world that have decided to withdraw from the ICSID Convention. It is also the only region in the world considering the necessity to find an alternative to ICSID mechanism.