ITN Quarterly June 2024

Insights

A Proposal for Reforming the Calculation of Damages in Investment-Treaty Arbitration, by Martin Jarrett

Awards and Decisions

Páramos protection-related case decided in favour of Colombia, this time (Red Eagle Exploration Limited v. Republic of Colombia, Award, ICSID Case No. ARB/18/12), by Jack Chaffee

ICSID tribunal rules that emission trading allowances do not constitute “protected” investments under NAFTA (Koch Industries, Inc. and Koch Supply and Trading, LP v. Canada, ICSID Case No. ARB/20/52, Award, March 13, 2024), by Vasiliki Dritsa

ICSID tribunal concludes Bulgaria breached the ECT through frustration of legitimate expectations and awards damages. Will this award push Bulgaria toward withdrawing from the ECT? (ACF Renewable Energy Limited v. Republic of Bulgaria (ICSID Case No. ARB/18/1) by Leonardo Flach Aurvalle

Clarification of the legitimate expectations of investors in relation to the stability of regulatory frameworks (Scholz Holding GmbH v. Kingdom of Morocco, ICSID Case No. ARB/19/2, Award, August 1, 2022), by Issiaka Guindo

News in brief

ECT EU withdrawal

UK withdraws from ECT, as does Ireland

EU CSDDD adopted

Ecuador Referendum

ICSID Appoints New Secretary-General

ITLOS Advisory Opinion

The European Court of Human Rights finds that Switzerland violated its climate change-related obligations under the Convention

Swiss Federal Tribunal upholds intra-EU ECT award