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Working Group II UNCITRAL Discussions of September 2020

Global - December 2 2020 The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group II (Arbitration and Conciliation/Dispute Settlement) (“WGII“)​…

US sanctions and the right of borrowers to withhold repayment: Commercial Court signals return to orthodoxy

United Kingdom, USA - November 25 2020 The Commercial Court has granted summary judgment in favour of a bank seeking to recover payments under Credit Agreements entered into with the…

Update on the future of isds: UNCITRAL working group III publishes draft working papers

Global - November 2 2020 The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII”)​ has…

Bolivia ratifies the Mauritius convention on transparency in investor-state arbitration

Global - October 23 2020 Bolivia has become the seventh state to ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known…

English Court of Appeal upholds injunction restraining party from providing funding for ICSID arbitration

United Kingdom - October 19 2020 In the recent decision of Koza Ltd & Mr Ipek v Koza Altin Isletmeleri AS [2020] EWCA Civ 108, the English Court of Appeal (“Court”) by a 2-1 majority…

PCA tribunal finds India in breach of treaty in Vodafone tax dispute

India, Netherlands - October 5 2020 The Government of India has lost the first of three keenly anticipated decisions on the retrospective tax liabilities introduced by statute in 2012…

Agreement for the termination of intra-EU BITs enters into force

Denmark, European Union, Hungary - September 8 2020 On 29 August 2020, the Agreement for the Termination of Bilateral Investment Treaties (the “BITs”) between the Member States of the European Union…

High Court clarifies rules surrounding registration of ICSID awards in England and Wales

United Kingdom - August 4 2020 In a helpful clarification of the rules surrounding the registration of International Centre for Settlement of Investment Disputes ("ICSID") awards…

The USMCA or “NAFTA 2.0” came into force on 1 July 2020

Canada, Mexico, USA - July 2 2020 The US-Mexico-Canada Trade Agreement (USMCA), the replacement to the North American Free Trade Agreement (NAFTA), entered into force on 1 July 2020…

Settlement of Nissan’s investment treaty claim against India

India, Japan - June 23 2020 India has in the past several years become involved in a considerable number of investment treaty claims by foreign investors. While public data is…