ITN September 2019
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Insights
- Judgment C-252 of 2019 of the Constitutional Court of Colombia: Change of precedent on the control of BITs, by Federico Suárez Ricaurte
- Ivory Coast’s New Investment Code: Focus on issues related to sustainable development and dispute settlement, by Mouhamed Kebe, Mahamat Atteib & Mouhamoud Sangare
- Toward a Code of Conduct for Investment Adjudicators: Can ethical standards salvage ISDS?, by Martin Dietrich Brauch
News in Brief
- UNCITRAL secretariat publishes documents to be considered at October 2019 session of Working Group III on ISDS reform
- ICSID rule amendment process: Third working paper released in August 2019, consultation with states scheduled for November 2019, approval expected for October 2020
- RCEP ministers: 2019 deal in sight, market access talks advancing swiftly
- EU–China investment negotiations: Advances on national treatment, financial services
- Investment facilitation: WTO members involved take stock of progress, look to intensify work
- African Continental Free Trade Agreement (AfCFTA) operational phase kicks off, with eyes on implementation and Phase II talks, including investment
- Energy Charter Treaty: EU Council endorses negotiating directives for Brussels
awards and decisions
- Spain held liable for breach of FET under the ECT for frustrating legitimate expectations of 9REN, a Luxembourg-based renewable energy investor (9REN Holding S.À.R.L. v. The Kingdom of Spain, ICSID Case No. ARB/15/15), by Yashasvi Tripathi
- Spain is ordered to pay damages of EUR 290.6 million in NextEra renewable energy case (NextEra Energy Global Holdings B.V and NextEra Energy Spain Holdings B.V v. Kingdom of Spain, ICSID Case No. ARB/14/11), by Gabriela Barcellos Scalco
- Clorox’s claims against Venezuela are dismissed on jurisdiction for lack of “action of investing” (Clorox Spain S.L. v. Bolivarian Republic of Venezuela, PCA Case No. 2015-30), by Inaê Siqueira de Oliveira
- Jurisdiction declined in case against Uruguay as ICSID tribunal concludes that American company lacked ownership or control over the investment (Italba Corporation v. Oriental Republic of Uruguay, ICSID Case No. ARB/16/9), by Vishakha Choudhary
- In yet another solar energy incentives case against Italy, ECT tribunal applying proportionality test finds breach of legitimate expectations (CEF Energia B.V. v. The Italian Republic, SCC Arbitration V (2015/158)), by Alessandra Mistura