Simon Lester

Some people are surprised that I am so obsessed with concerned about ISDS.  I've tried explaining it in various ways, but I've had trouble getting my point across.  I think the Bilcon decision from last week can help me clarify.  (Investment Arbitration Reporter explains the case

From trade lawyer Bernard O'Connor: So, as Shakespeare might have said, to conclude this little tale: 1) China agreed in 2001 when it joined the WTO that it was not a market economy. 2) There is nothing in Article 15 giving China the status of a market economy

Today's big ISDS news is the NAFTA Chapter 11 award in the Clayton/Bilcon case (award here, dissent here). The tribunal found violations of Article 1105 (minimum standard of treatment) and Article 1102 (national treatment).  The dissenter focused his reasoning on Article 1105, but dissented from both findings.

This is from Freya Baetans, writing in response to Poulsen, Bonnitcha, and Yackee: one type of risk that is certainly present in several EU member states relates to the possibility of not being granted a fair trial before a domestic court. According to a recent country ranking of ‘judicial independence’

This is from Inside U.S. Trade: Indonesia’s Ambassador to the World Trade Organization Iman Pambagyo last week signaled that a win for an Australian law requiring plain packaging of cigarettes as an anti-smoking measure could lead his country to introduce a similar measure for alcoholic beverages. ... No law

From Andrew Newcombe: Dear Colleagues In the coming days you will see that italaw.com has been redesigned.   In addition to a more contemporary look, over the coming months I am planning to expand site content to include different types of international investment law cases.  With the support of Investor-State

One of the claims in the the latest WTO complaint, brought by Indonesia against a U.S. AD/CVD measure, is the following: The United States' imposition of anti-dumping and countervailing duty orders appears to be inconsistent with at least the following provisions of WTO law: ... With respect to

Here's more from the ISDS in TTIP debate between Lauge Poulsen, Jonathan Bonnitcha, Jason Yackee, on one side, and Freya Baetans, on the other. Poulsen, Bonnitcha, and Yackee say the following: While the high quality of the US judicial system (and US laws) concerning foreign investors is beyond

There's a good back and forth on ISDS in TTIP between Lauge Poulsen, Jonathan Bonnitcha, Jason Yackee, on one side, and Freya Baetans, on the other.  I'm going to get 4 or 5 blog posts out of all this! I'll start with something from

This is from three well-known labor economists, writing in support of the TPP: If passed, the TPP also would create a powerful template for future trade deals, including with China, which would move the U.S. closer to resolving conflicts the WTO has been unable to handle. Consider, for example,