Trade and investment agreements Archives

Constitutional Court, Ecuador, ICSID Arbitration, Latin America, Trade and investment agreements, Uncategorized

Ecuador Sends Mixed Signals: The Constitutional Court (Wrongly) Declared a Treaty Containing an ICSID Arbitration Provision Unconstitutional

David Toscano, Gabriela Ortega, Sebastian Arrieta, Valentina Paladines (Tadir Dispute Resolution)/December 2, 2023November 24, 2023 /Leave a comment

Ecuador distanced itself from the International Centre for Settlement of Investment Disputes (“ICSID”) system more than a decade ago. During this period, Ecuador withdrew from all its bilateral investment treaties (“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021,…

Investment agreements, Investment Treaties, Reform, State-State Dispute Settlement, State-to-state arbitration, Trade and investment agreements, Trans-Pacific Partnership, USMCA

The USMCA/CUSMA/T-MEC’s Entry into Force: Evolution, Innovation, and Reform

Esmé Shirlow (Associate Editor) (Australian National University) and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/June 28, 2020June 28, 2020 /Leave a comment

Throughout this week, our contributors from around the globe have offered insights into the USMCA/CUSMA/T-MEC, which enters into force next week. Our contributors have contextualised USMCA against both regional and global developments. Many of them noted the link between USMCA and NAFTA, between USMCA and regional politics, and between USMCA and broader global trends related…

Financial Services Arbitration, Investment agreements, Investment Arbitration, Investment law, NAFTA, Trade and investment agreements, USMCA

The USMCA/CUSMA/T-MEC’s Entry into Force: Investment Arbitration in the Financial Services Chapter: What Changed and What Remains?

Aristeo Lopez (Clark Hill PLC)/June 26, 2020June 25, 2020 /Leave a comment

As North America embarks into a post-NAFTA era with the USMCA, it is crucial to analyze the new agreement’s disciplines. The USMCA Investment Chapter, for instance, has been the subject of many articles that have reviewed relevant differences with respect to NAFTA, particularly on investment arbitration. This post will explore the arbitration rules applicable to investment disputes…

Conflict prevention, International arbitration, International dispute resolution, Latin America, Trade and investment agreements

Latin American States, International Arbitration and Trade in Investment Agreements: Quo Vadis?

Belén Olmos Giupponi (Kingston University London)/June 16, 2019June 13, 2019 /Leave a comment

International trade and investment arbitration in Latin America has come a long way over the last two decades as discussed in the book Trade Agreements, Investment Protection and Dispute Settlement in Latin America. More recently, new generation trade and investment agreements entered into by Latin American states have progressively included innovative dispute resolution mechanisms, shaping…