Topic: ISDS reform

UK considers withdrawal from ECT

The UK government has said it is considering withdrawal from the Energy Charter Treaty if signatories fail to adopt a modernised version of the treaty later this year.

01 September 2023

Miles calls for rethink on investment arbitration and social justice

In an EFILA keynote speech that considered the challenges posed by climate change, Wendy Miles KC of Twenty Essex argued that investment arbitration is not an obstacle to a net-zero economy but that its role must be rethought to fully deliver social justice. Nicholas Lawn and Trajan Shipley of Van Bael and Bellis report.

24 April 2023

UNCITRAL group finalises draft code of conduct for arbitrators

UNCITRAL’s working group III has completed work on a draft code of conduct for arbitrators in investor-state disputes after reaching a compromise on double-hatting.

04 April 2023

Annacker on fragmentation and integration in investment law

Dechert partner Claudia Annacker used a keynote lecture in Prague to address fragmentation and integration in investment law. Jaroslav Kudrna and Alžběta Bělova of the Czech Ministry of Finance report.

22 December 2022

European exodus from the ECT: politics and unintended consequences

Guillermo Garcia-Perrote and Ella Wisniewski of Herbert Smith Freehills in Australia consider the politics and unintended consequences of the recent exodus of European states from the Energy Charter Treaty and ask what it means for the transition from fossil fuel. 

15 November 2022

Slovenia joins European exodus from ECT

Slovenia has become the latest EU member state to announce it is withdrawing from the Energy Charter Treaty, as Switzerland confirms it will vote to adopt modernisations to the treaty.

10 November 2022

Norway and Latvia move to terminate BIT

As oral hearings take place in a €400 million snow-crab fishing dispute under the Latvia-Norway bilateral investment treaty, the two states have moved to terminate the BIT and its ten-year sunset clause.

10 November 2022

Rockhopper v Italy award now public

A high-profile Energy Charter Treaty award requiring Italy to pay €190 million plus interest to a UK oil and gas company over a ban on offshore drilling is now publicly available.

08 November 2022

Freshfields Lecture: The Road Not Taken

Inspired by Robert Frost's famous poem on the divergence of paths in a yellow wood, Andrea Bjorklund considered the roads not taken in investor-state dispute resolution in the first live Freshfields Lecture since the pandemic, held in impressive new surroundings.

08 November 2022

France joins rush to exit ECT

France is the latest European country to announce it is pulling out of the Energy Charter Treaty because of environmental concerns, following similar moves by the Netherlands and Spain.

24 October 2022

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