ITN June 2023

Insights

  • The Protocol on Investment to the Agreement Establishing the African Continental Free Trade Area: What’s in it and what’s next for the Continent? By Danish, Hamed El-Kady, Makane Moïse Mbengue, Suzy H. Nikièma & Daniel Uribe. Read
  • Bridging the Gap Between Investor Rights and Obligations: How academics can contribute to a fairer international law on foreign investment. By Nicolás M. Perrone & Ignacio Andres Vásquez. Read
  • Deconstructing India’s Evolving Approach Toward International Investment Agreements. By Harshad Pathak & Shantanu Singh. Read
  • The ICJ decides on the content of international protection standards: A lost opportunity? By Josef Ostřanský. Read
  • Navigating Trade and Investment Treaties to Develop Indonesia’s Sustainable Electric Vehicle Industry Through Technology Transfer. By Ronald Eberhard Tundang. Read

News in Brief

  • Germany denies benefits to Russian investors under ECT. Read
  • EU Parliament proposes directive to regulate third-party funding. Read
  • Norway terminates its IIAs with European Economic Area members. Read
  • India sends termination notices to 68 countries with a request to renegotiate. Read
  • Venezuela and Colombia sign a BIT. Read
  • ICJ delivers its merits judgment in Certain Iranian Assets (Islamic Republic of Iran v. United States of America). Read
  • U.S. district court stops enforcement of an award against Spain based on EU law argument. Read

Awards and Decisions

  • ICSID tribunal upholds China’s jurisdictional objection. (AsiaPhos Limited and Norwest Chemicals Pte Limited v. the People’s Republic of China, ICSID Case No. ADM/21/1, Award, 16 February 2023). By Dimitris Kontogiannis. Read
  • AFC Investment Solutions S.L. v República de Colombia ICSID Case No. ARB/20/16: (The relevance of the distinction between “dispute” and “claim” in light of ICSID Arbitration Rule 41(5)). By Sergio Cifuentes Vergara. Read
  • Korea found guilty of violating FET obligations but redeemed by contributory negligence of investor’s financial crime conviction. By Tathagata Choudhury. Read
  • PCA Tribunal finds that Russia committed an illegal expropriation against Ukrainian bank (Public Joint Stock Company “State Savings Bank of Ukraine” v. Russian Federation, PCA Case 2016-14). By Dihu Wu is J.D. Read

Resources