ITN June 2007
In this issue: Underwater salvaging firm fails «investment» test in ICSID case against Malaysia; Recently published UPS v. Canada decisions reveal arbitrator divergences over NT; UPS arbitrators differ on reading of cultural industries exclusion in NAFTA; EU members review intra-European BITs in light of potential overlap with EU Law.
In this issue: Canada prevails in UPS arbitration, as tribunal splits over NAFTA Ch.11 breaches; ICSID rejects Argentina’s bid to disqualify tribunal in Sempra/Camuzzi arbitration; Canada seeks public feedback on its environmental review of India investment treaty; Tribunal selected to hear chemical company’s claim against Canadian ban on Lindane; Poland embroiled in new arbitration over privatization reversal; ICJ has jurisdiction in Congo case, but rejects broad concept of diplomatic protection; US and Glamis Gold dig in for fight over definition of expropriation under NAFTA.