Resources and Events

Resources

Judicial Acts and Investment Treaty Arbitration

By Berk Demirkol, published by Cambridge University Press, August 2019

This book focuses on distinctive particularities of judicial acts of states, which are becoming increasingly subjected to international investment claims. In order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. The author addresses questions in relation to the substance, jurisdiction, admissibility and remedies in cases where state responsibility arises from a wrongful judicial act. Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/judicial-acts-and-investment-treaty-arbitration

Review of ISDS Decisions in 2018: Selected IIA reform issues

By UNCTAD, published by UNCTAD, July 2019

This IIA Issues Note reviews publicly available decisions in ISDS cases, with a focus on cases and issues of relevance for treaty drafting and IIA reform. In 2018, arbitral tribunals rendered at least 50 substantive ISDS decisions, of which 29 were publicly available as of January 2019. The decisions touched upon many IIA reform topics, including preserving the right to regulate, improving investment dispute settlement and ensuring investor responsibility. Most decisions were based on old-generation treaties signed in the 1990s or earlier. Policy-makers may wish to consider the implications of these decisions for the drafting of future treaties and the modernization of existing ones. Available at https://investmentpolicy.unctad.org/publications/1206/review-of-isds-decisions-in-2018-selected-iia-reform-issues. A compilation of case-by-case tables giving an overview of key issues addressed by ISDS tribunals in 24 cases in 2018 is available as supplementary material at https://investmentpolicy.unctad.org/publications/1207/supplementary-material-to-review-of-isds-decisions-in-2018-selected-iia-reform-issues

Mediation in International Commercial and Investment Disputes

By Catharine Titi and Katia Fach Gómez (Eds.), published by Oxford University Press, July 2019

The book indicates that the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration, but that international mediation and conciliation are now coming to the fore. The EU is encouraging international mediation in both the commercial and investment spheres; the 2019 Singapore Mediation Convention of UNCITRAL aims to ensure enforcement of international commercial settlement agreements resulting from mediation; the first investor–state disputes are mediated under the International Bar Association (IBA) rules; ICSID’s conciliation mechanism is resorted to more often than in the past; and the International Chamber of Commerce (ICC) has recently administered its first mediation case based on a BIT. In this context, the book brings together experts from academia, mediation and arbitration institutions, and international legal practice to discuss mediation in international commercial and investment disputes. Available at https://global.oup.com/academic/product/mediation-in-international-commercial-and-investment-disputes-9780198827955

Expropriation in Investment Treaty Arbitration

By Johanne M. Cox, published by Oxford University Press, July 2019

Part of the Oxford International Arbitration Series, this work provides a comprehensive guide to expropriation in international investment law and how it is applied in practice. The author offers a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant cases from the International Court of Justice (ICJ), European Court of Human Rights (ECHR) and Iran–U.S. Claims Tribunal are considered to complement the focus on investment treaty arbitration and ICSID, NAFTA and ECT cases. The book traces the evolution of expropriation in investment law, examines the interplay between expropriation and other standards of treaty protection (such as FET) and critically assesses the relevance of expropriation. Available at https://global.oup.com/academic/product/expropriation-in-investment-treaty-arbitration-9780198804918

International Economic Law After the Global Crisis: A tale of fragmented disciplines

By C. L. Lim and Bryan Mercurio (Eds.), published by Cambridge University Press, July 2019

This collection explores the theme of fragmentation within international economic law, covering issues concerning monetary cooperation, trade and finance, trade and its linkages, international investment law, intellectual property protection and climate change. Investment-related chapters include “The schizophrenia of countermeasures in international economic law: The case of the ASEAN comprehensive investment agreement”; “Greek debt restructuring, Abaclat v. Argentina and investment treaty commitments: The impact of international investment agreements on the Greek default”; “Chinese bilateral investment treaties: A case of ‘internal fragmentation’”; “A post-global economic crisis issue: Development, agriculture, ‘land grabs’, and foreign direct investment”; and “Intellectual property rights in international investment agreements: Striving for coherence in national and international law.” Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/international-economic-law-after-global-crisis-tale-fragmented-disciplines

Sustainable Trade, Investment and Finance: Toward responsible and coherent regulatory frameworks

By Clair Gammage & Tonia Novitz (Eds.), published by Edward Elgar, 2019

Sustainable development remains a high priority in international politics and commerce. This book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance. Examining a range of issues arising from private initiatives, national conduct and international organizations, the chapters interrogate the role of powerful global actors in the pursuit of sustainable development. The authors identify and investigate challenges to the realization of a coherent sustainable development policy, engaging with the complex interactions of international, regional and national mechanisms that pose significant problems for the future of the planet, its people and their prosperity. Available at https://www.e-elgar.com/shop/sustainable-trade-investment-and-finance

Events 2019

September 18–19

ITA–IEL–ICC JOINT CONFERENCE ON INTERNATIONAL ENERGY ARBITRATION, Institute for Transnational Arbitration, Institute for Energy Law of the Center for American and International Law, ICC International Court of Arbitration, in Singapore, http://www.cailaw.org/Institute-for-Transnational-Arbitration/Events/2019/ita-iel-icc-asia-conference.html

September 25–26

3rd UNCITRAL WORKING GROUP III INTER-SESSIONAL REGIONAL MEETING ON ISDS REFORM, in Conakry, Guinea, https://uncitral.un.org/en/events/25-26.9.2019

September 25

14th ANNUAL COLUMBIA INTERNATIONAL INVESTMENT CONFERENCE, “Aligning Corporations with the Sustainable Development Goals,” at Columbia University Faculty House, in New York, United States, http://ccsi.columbia.edu/2019/09/25/14th-annual-columbia-international-investment-conference-aligning-corporations-with-the-sdgs

September 26–27

COLLOQUIUM “ACTORS IN INTERNATIONAL INVESTMENT LAW: BEYOND CLAIMANTS, RESPONDENTS AND ARBITRATORS,” at University Paris II Panthéon-Assas, in Paris, France, https://www.transnational-dispute-management.com/news/20190926.pdf

October 3–4

14th ICC NEW YORK CONFERENCE ON INTERNATIONAL ARBITRATION, International Chamber of Commerce, in New York, United States, https://iccwbo.org/event/icc-new-york-conference-international-arbitration

October 7–11

15th IGF ANNUAL GENERAL MEETING: “MINING IN A CHANGING CLIMATE,” Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development, in Geneva, Switzerland, https://www.igfmining.org/event/15th-annual-general-meeting

October 7–11

WTO PUBLIC FORUM, at Centre William Rappard, in Geneva, Switzerland, https://www.wto.org/english/forums_e/public_forum_e/public_forum_e.htm

October 14–18

38th SESSION OF UNCITRAL WORKING GROUP III, “INVESTOR–STATE DISPUTE SETTLEMENT REFORM,” United Nations Commission on International Trade Law, Vienna, Austria, https://uncitral.un.org/en/working_groups/3/investor-state

October 25–26

WORLD TRADE FORUM, “INTERNATIONAL ECONOMIC DISPUTE SETTLEMENT: DEMISE OR TRANSFORMATION?” at World Trade Institute (WTI) of the University of Bern, and the European University Institute (EU), Bern, Switzerland, https://www.wti.org/media/filer_public/b1/2e/b12e1c5d-8def-40ad-92bf-6c77cd3ffcfb/call_for_papers_wtf_2019.pdf

October 29–30

6th OECD FORUM ON GREEN FINANCE AND INVESTMENT, at OECD, in Paris, France, http://www.oecd.org/cgfi/forum

November 4–7

INVESTMENT ARBITRATION MASTERCLASS, at International Energy Charter, in Brussels, Belgium, https://energycharter.org/what-we-do/knowledge-centre/training-programmes/training-programme-4-7-november-2019

November 13

UNCTAD HIGH-LEVEL IIA CONFERENCE 2019, at UNCTAD, Palais des Nations, Geneva, Switzerland, https://investmentpolicy.unctad.org/pages/1047/high-level-iia-conference-2019

November 22

CONFERENCE ON INTERNATIONAL ARBITRATION AND MEDIATION, at Fordham Law School, in New York, United States, http://law.fordham.edu/ciam2019

November 26–27

GREEN GROWTH AND SUSTAINABLE DEVELOPMENT (GGSD) FORUM, at OECD, in Paris, France, http://www.oecd.org/greengrowth/ggsd-forum.htm