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Investors Investor State Dispute Settlement (ISDS)

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

Foley Hoag LLP

UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

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UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming...more

White & Case LLP

Investment treaty protection: How to safeguard foreign investments in Africa

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Prudent African investors—and investors within Africa—can ensure that their foreign investments are protected from wrongful conduct that the state and its organs can inflict. ...more

Hogan Lovells

Investors must act quickly or forfeit their rights to claims under soon expiring NAFTA Chapter 11

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North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute settlement (ISDS) legacy claims will soon expire and U.S., Canadian, and Mexican investors should review their investments and ascertain whether...more

Jones Day

Climate Change and Investor-State Dispute Settlement

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Climate change litigation is often viewed by companies as a risk. However, it is also an opportunity—if brought in the right forum—for companies exposed to certain climate-related government measures to vindicate their...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Three of a Three-Part Series

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In the final part of this three-part series podcast, partners Raja Bose, Ian Meredith, Matt Weldon, and associates Robert Houston and Hena Sial discuss the pandemic-related claims and concerns a Host State may have, such as...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Arbitration - Part Two of a Three-Part Series

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In the second part of this three-part series podcast, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associate Robert Houston, discuss the scope for, and how investors might be able to recognize, potential...more

K&L Gates LLP

HUB Talks: Pandemic-Related Investor-State Dispute Settlement - Part One of a Three-Part Series

K&L Gates LLP on

In the introductory episode of this three-part series, partners Raja Bose, Ian Meredith, and Matt Weldon, along with associates Ed Brown-Humes and Rob Houston, provide an overview of Investor-State arbitration in the context...more

Holland & Knight LLP

Compensation in Investor-State Disputes: How Much Can an Investor Claim?

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Foreign investors currently benefit from a large number of bilateral treaties and trade agreements, which contain investment protection provisions such as protection against direct and indirect expropriation, a guarantee...more

Jones Day

Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments

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The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more

Blake, Cassels & Graydon LLP

EU’s Top Court Rules Investment Protections Under CETA are Compatible with EU Law

In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are...more

Holland & Knight LLP

Mexico Keeps Investment Disputes Mechanism Under New USMCA

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• After months of uncertainty, the United States, Mexico and Canada recently reached a new trilateral trade agreement, the United States-Mexico-Canada Agreement (USMCA), to replace the North American Free Trade Agreement...more

Holland & Knight LLP

U.S. Investors Face Possible Loss of Investment Treaty Arbitration Under NAFTA - A Look at the Potential Risks for Foreign...

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• The survival of investment treaty arbitration under the North American Free Trade Agreement (NAFTA) renegotiation process is at a critical point. • An agreement in principle, which could be announced soon, potentially...more

Dechert LLP

ECJ Decision Looms Large on the Future of Trade Agreements and Investor-State Arbitration with the EU

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The Court of Justice of the European Union decided last week that free trade agreements concluded with the EU must receive prior approval by each Member State if they provide for investor-State arbitration. The ruling, given...more

BCLP

International Investment Arbitration in the Middle East: Year in Review 2015

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International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in North America: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in Latin America: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in Europe: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in the Commonwealth of Independent States: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in Asia: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

BCLP

International Investment Arbitration in Africa: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

Akin Gump Strauss Hauer & Feld LLP

The Rise in Arbitration Claims Filed by Renewable Energy Investors Under the Energy Charter Treaty

In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more

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