ITN Quarterly  |  March 23, 2021

ITN March 2021

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Insights

  • Rethinking investment law from the ground up: Extractivism, human rights, and investment treaties. By Lorenzo Cotula
  • Corruption and confidentiality in contract-based ISDS: The case of P&ID v Nigeria. By Jonathan Bonnitcha
  • On proportionality, again: Domesticating international investment law and managing vulnerability. By Daria Davitti
  • The uncertain future of the Energy Charter Treaty: Belgium asks the European Court of Justice to rule on the compatibility of the modernized ECT with EU law. By Stefanie Schacherer

News in Brief

  • Progress report on ECT modernization negotiations indicates familiar divisions among delegations as push for EU withdrawal grows
  • EU and China announce an “in principle” investment agreement
  • French consortium kicks off an ICSID claim against Chile after USD 37 million loss due to COVID-19 Pandemic
  • UNCITRAL Working Group III: 40th Session focused on elements of structural reform
  • CETA Investment Court System advances toward implementation while Irish activists launch campaign opposing ratification

Awards and Decisions

  • Kenya prevails in a geothermal arbitration brought by WalAm Energy— ICSID tribunal reject all claimant allegations (WalAm Energy LLC v. The Republic of Kenya (ICSID Case No. ARB/15/7)), by Maria Bisila Torao
  • UNCITRAL tribunal finds India in breach of India–UK BIT in proceedings brought by Cairn entities (Cairn v. India Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, PCA Case No. 2016-7), by Trishna Menon