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COVID-19 and ‘War’ Clauses in Investment Treaties: A Breach through the Wall of State Sovereignty?

In the fog of COVID-19, lawyers are identifying ways to hold States accountable for the outbreak, indecision and/or actions, whether or not violating due diligence obligations.

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Killing all birds with one stone: Is this the end of Intra-EU BITs (as we know them)

On 5 May 2020, 23 EU Member States, except for Austria, Ireland, Finland, and Sweden, signed the Agreement for the Termination of Bilateral Investment Treaties between the…

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UNCITRAL and ISDS Reform: China’s Proposal

On 19 July 2019, China submitted its proposal on investor-state dispute settlement (ISDS) reform to UNCITRAL. A Chinese version is available, though an English…

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An Analysis of the Use of ICJ Jurisprudence in Investor-State Dispute Settlement

Last October 2018, the International Court of Justice (“ICJ” or “the Court”) issued its merits judgment in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v.

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UNCITRAL and ISDS Reforms: Moving to Reform Options … the Politics

In the last blog, I provided an update on the UNCITRAL process, including the consensus decision from Vienna last week to move forward to consider…

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UNCITRAL and ISDS Reforms: Concerns about Costs, Transparency, Third Party Funding and Counterclaims

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working…

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UNCITRAL and ISDS Reforms: Concerns about Arbitral Appointments, Incentives and Legitimacy

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working…

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UNCITRAL and ISDS Reforms: Concerns about Consistency, Predictability and Correctness

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working…

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UNCITRAL and ISDS Reforms: What are States’ Concerns?

What are states’ concerns about investor-state dispute settlement (ISDS)? To help answer that question, we have put together four posts that compile the most relevant quotes from the…

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Achmea: The Fate and Future of Intra-EU Investment Treaty Awards under the New York Convention

On March 6, 2018, the CJEU rendered its judgment in the long-awaited Slovak Republic v. Achmea case (Case C-284/16). This case involved a preliminary reference…

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