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Investor-State Arbitration

92 posts

Will the Trump Administration Revisit ISDS?

Back during Joe Biden's presidency, there were some hints that the Biden administration might be willing to push for the removal of ISDS from existing trade agreements and investment treaties. Members of Congress pressed then-U.S. Trade Rep. Katherine Tai on this issue on a couple occasions, including

The Biden Administration's Position on ISDS Removal

In April, I mentioned an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai on getting rid of ISDS in existing investment treaties/trade agreements. There was a bit of uncertainty about what exactly Tai meant, but now we have some additional context thanks to a

Senator Whitehouse and Ambassador Tai Talk About Getting Rid of ISDS

Here's an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai at a Senate Finance Committee hearing today (2:32:00): Whitehouse: The other thing I wanted to talk with you about is the loathsome ISDS process. We are not putting ISDS provisions into

Warren, Doggett, et al. Letter on Removing ISDS from Existing Agreements

Thirty-three Democratic members of Congress, led by Senator Elizabeth Warren and Congressman Lloyd Doggett, recently sent a letter to U.S. Trade Rep. Katherine Tai and Secretary of State Antony Blinken about ISDS. One point they made in the letter is that ISDS should be removed from existing investment treaties

The ISDS Reform Process – New Perspectives on the Issues under Debate

This post is drawn from an introduction essay in volume 14 of the Journal of International Dispute Settlement by Julian Arato, Kathleen Claussen, and Malcolm Langford, and is cross-posted at the Kluwer Arbitration Blog. As scholars and practitioners have reported in recent years, the investor-state reform process continues to make

The Latest Effort To Clarify FET and Indirect Expropriation

Over at Investment Arbitration Reporter, Damien Charlotin has a piece about a draft text developed by Germany and the European Commission to clarify the interpretation of the obligations on fair and equitable treatment and indirect expropriation in CETA. The draft text document is characterized as a "Draft Decision of

Was Cancelling the Keystone XL Pipeline on Inauguration Day Arbitrary?

Investment Arbitration Reporter has the USMCA Chapter 14/NAFTA Chapter 11 legacy claim Notice of Intent filed by the province of Alberta against the United States in relation to the Biden administration's cancellation of the Keystone XL pipeline. (The notice of intent will probably be available publicly soon,

Guest Post: Case C 638/19 P, European Commission v. Micula et al. Does the Court of Justice of the EU misunderstand investment law and investment treaty arbitration?

This is a guest post from Dr. Szilárd Gáspár-Szilágyi, Birmingham University and Dr. Maxim Usynin, Copenhagen University 1. The Context Those following the interaction between International Investment Law and EU Law have noticed that the past couple of years have produced a growing number of cases in which the Court

The Eco Oro Minerals v. Colombia Award: More Evidence that MST/FET Can't Be Salvaged

Over on Twitter, lots of people are talking about the recent investment arbitration award in Eco Oro Minerals v. Colombia. (For Investment Arbitrator Reporter subscribers, a summary of the tribunal's reasoning is here.) I've followed some of the Twitter discussion, but haven't read the

Investment Treaties and a New Legal Imagination

From the Columbia Center on Sustainable Investment: Investment Treaties and a New Legal Imagination May 26, 202111:00 AM - 12:00 PMONLINE Please register here. Foreign investors have a privileged position under investment treaties, enjoying strong rights, no obligations, and the ability to rely on a highly efficient enforcement