ITN October 2020
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Insights
- Investment Negotiations at the WTO and the IIA Regime: Anticipating unintended interactions, by Nathalie Bernasconi-Osterwalder & Jonathan Bonnitcha
- Explaining Ecuador’s shifting position on FDI, investment treaties, and arbitration, by Juan Carlos Herrera-Quenguan
- The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act, by Amne Suedi
- Side-stepping national courts would be a big step backwards for Europe: A reaction to the EC’s public consultation on EU cross-border investment, by Nathalie Bernasconi-Osterwalder & Sarah Brewin
- Assessing outcomes in ISDS, by Sebastian Puerta & Tim R. Samples
News in Brief
- UNCITRAL Working Group III sessions to resume in October
- CETA faces hurdle after Cypriot parliament fails to ratify the agreement
- U.S.–Kenya FTA negotiations underway
- European Commission initiates infringement proceedings against the UK and Finland for failing to terminate intra-EU BITs
- Investment facilitation talks move to negotiating phase
- Update on EU trade and investment agreement negotiations: Indonesia, Mexico, Vietnam, and China
- India moves to restrict foreign investment from its neighbours and bans dozens of Chinese apps
- EU consultation on cross-border investment within the EU comes to an end
- Latest round of talks on ECT modernization yields little progress on “modernization”; European officials call for removal of protection for fossil fuels and ISDS
Awards and Decisions
- PCA Tribunal upholds jurisdiction over disputes under India–Japan Comprehensive Economic Partnership Agreement (Nissan Motor Co. Ltd. (Japan) v. India, PCA Case No. 2017-37), by Sarthak Malhotra
- All claims dismissed in telecommunications case against Canada: Changes in the regulatory environment did not breach F.E.T. (Global Telecom Holding S.A.E. v. Canada, ICSID Case No. ARB/16/16), by Anna Sands
- UNCITRAL tribunal dismisses claims of German aircraft leasing company against the Czech Republic while upholding its jurisdiction over the intra-EU claim (A.M.F. Aircraftleasing Meier & Fischer GmbH & Co. KG v. Czech Republic, PCA Case No. 2017-15), by Sujoy Sur
- ICSID annulment committee annuls Eiser v. Spain Award for improper constitution of the tribunal and severe departure from a fundamental rule of procedure (Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36), by Maria Bisila Torao