Environment, Environmental protection, Human Rights, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, ISDS

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This is the sixth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years. In particular, the continued reliance…

2023 in Review, ESG, Human Rights, ICSID Arbitration, Investment Arbitration

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This is the fifth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years, but also the aperture for…

2022 in Review, Human Rights

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This is the fourth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years, but also converge across both…

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This is the third consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international arbitration from the prior year (see prior Blog coverage here and here). As we emphasized last year, the effects of the COVID-19 pandemic on this intersection are likely to remain a…

Arbitration Institutions and Rules, Human Rights, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

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Globalization has diversified the actors, institutions, norms, and instruments on the international legal stage. With diversification comes increased specialization and, in turn, organization around so-called regimes. The notion that international legal regimes can exist autonomously has long been refuted; indeed, each regime draws from general international law to some degree. If regimes are not autonomous,…

Appellate Court, Counterclaims, Exhaustion of Local Remedies, Frivolous Claims, Investment Arbitration, Reform, Third party funding, UNCITRAL

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Calls for investor-State dispute settlement (“ISDS”) reform have persisted for some time (see blog coverage here). Competing calls for retaining the status quo, modifying the system, or abandoning the system altogether have each gained traction. With a drastic increase in the number of investment cases being brought, accompanied by the “mega” awards, the international community…

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

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It will come as no surprise to the readers of this blog that the ongoing COVID-19 pandemic has had a significant impact on international arbitration (see blog coverage here).  In this post, we take a look back at 2020 to consider the intersection of the pandemic, investment, and human rights.  In February 2020, one of…

Arbitration, Arbitration Proceedings, Human Rights, ICSID Amendments, International arbitration, Investment Arbitration, Reform, Working Group III

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Reforms Are Afoot Calls for investor-State dispute settlement (“ISDS”) reform have catalyzed efforts to evolve the regime. Concurrently, the ISDS system continues to wrestle with tensions between an investment regime primarily oriented towards protecting investor rights, and the human rights normative architecture for protection of individual rights and associated State obligations for protection of such rights. ISDS…

COVID-19, Investment Arbitration, Investment protection, Investor-State arbitration

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Extraordinary Times  These are extraordinary times in many regards. The spread of novel coronavirus (“COVID-19”), now considered a pandemic, continues to have a significant global impact on several fronts. For States, the pandemic of course presents significant public health challenges. As we are seeing, it also presents significant economic challenges, due to the convergence of…

2019 In Review, Corporate Social Responsibility, Human Rights, Investment agreements

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Several developments in 2019 highlighted the increased presence of human rights considerations in international investment law. As described by our contributors, however, tensions persist. The 2019 Netherlands Model Agreement, released in March, represented a notably progressive approach to reflecting human rights considerations in foreign investment, as explained by our contributors. This development builds on related…