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Publication Overview

Investment Treaty News (ITN), Volume 11, Issue 2, June 2020

Featured articles:

  • Protecting Against Investor–State Claims Amidst COVID-19: A call to action for governments, by Nathalie Bernasconi-Osterwalder, Sarah Brewin, and Nyaguthii Maina
  • Valuing Fossil Fuel Assets in an Era of Climate Disruption, by Kyla Tienhaara, Lise Johnson, and Michael Burger
  • Why Do States Consent to Arbitration in National Investment Laws? by Tarald Laudal Berge and Taylor St John
  • The Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation: A model to steer international law toward renewable energy investments and the low-carbon transition, by Sofia de Murard
  • Morocco’s New Model BIT: Innovative features and policy considerations, by Hamed El-Kady and Yvan Rwananga
  • Domestic Procedures for the Payment of Damages by States in Investment Arbitration, by Affef Ben Mansour

Summaries and analysis of recent arbitration awards and decisions:

  • ICSID tribunal declines jurisdiction ratione voluntatis over claims brought against Iraq under the OIC Investment Agreement (Itisaluna Iraq LLC and others v. Republic of Iraq, ICSID Case No. ARB/17/10), by Maria Bisila Torao
  • ICSID tribunal rejects intra-EU jurisdictional objection and upholds jurisdiction over mass claim (Theodoros Adamakopoulos and others v. Republic of Cyprus, ICSID Case No. ARB/15/49), by Marios Tokas
  • An HKIAC Tribunal Dismissed the Claims by U.S. Citizen Jin Hae Seo Against South Korea for Lack of Jurisdiction (Jin Hae Seo v. Republic of Korea, HKIAC Case No. HKIAC /18117), by Yashasvi Tripathi
  • All claims rejected on merits in Lidercón’s case against Peru: Changing regulatory framework and judicial decisions did not breach the FET standard (Lidercón, S. L. v. Republic of Peru, ICSID Case No.ARB/17/9), by Anna Sands
  • ICSID tribunal decides Ukraine did not violate due process in reclaiming three land plots from British investors (Krederi Ltd. v. Ukraine ICSID Case No. ARB/14/17), by Marios Tokas

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