April 2009 - News and Commentary - Investment Treaty News (ITN)

Do Bilateral Investment Treaties Lead to More Foreign Investment?

By Damon Vis-Dunbar and Henrique Suzy Nikiema 30 April 2009 The global network of over 2600 bilateral investment treaties (BITs) has been built on the basis of promoting foreign direct investment (FDI), and yet, after a decade of research, whether in...

Published Thu, Apr 30 2009 5:14 AM by Damon Vis-Dunbar

Filed under: Interviews, Sustainable Development

IISD Announcement: Nathalie Bernasconi joins IISD’s investment program

The International Institute for Sustainable Development (IISD) is pleased to announce that Nathalie Bernasconi, a Swiss-based international lawyer with an extensive background in trade and investment law, has joined the IISD’s program on investment...

Published Wed, Apr 29 2009 7:07 AM by Damon Vis-Dunbar

Mexican truckers group launches NAFTA Chapter 11 dispute against the U.S. over trucking ban

By Fernando Cabrera Diaz 28 April 2009 The Mexican trucking industry group CANACAR has initiated Chapter 11 arbitration against the United States, alleging that the U.S. has violated its NAFTA commitments by barring Mexican trucking companies from operating...

Published Wed, Apr 29 2009 2:34 AM by Damon Vis-Dunbar

Filed under: Notice of Arbitration, NAFTA Chapter 11, CANACAR. United States of America

Tribunal rejects the Defense of Countermeasures in recently published Corn Products International Inc. v. The United Mexican States award

By Elizabeth Whitsitt 28 April 2009 In a recently published ICSID award, a tribunal found Mexico liable to an American company, Corn Products International Inc. (CPI) and its wholly-owned Mexican subsidiary, Corn Products Ingredientes (CPIng) for violating...

Published Tue, Apr 28 2009 10:58 AM by Damon Vis-Dunbar

Filed under: ICSID, NAFTA, NAFTA Chapter 11, Mexico, Corn Products International

Tribunal orders compensation in Dutch farmers' claims against Zimbabwe

By Damon Vis-Dunbar 28 April 2009 An ICSID tribunal has ordered the government of Zimbabwe to compensate a group of Dutch nationals who saw their farms expropriated under Zimbabwe’s controversial land-reform program. The victory is expected to lead...

Published Tue, Apr 28 2009 10:54 AM by Damon Vis-Dunbar

Filed under: ICSID, Award, Zimbabwe, land reform

Malaysian Historical Salvors jurisdictional award annulled; committee split on question of economic development as criteria of ICSID investments

By Damon Vis-Dunbar 23 April 2009 The members of an ICSID committee hearing an annulment request in Malaysian Historical Salvors v. the Government of Malaysia have come to starkly different conclusions on whether a foreign investment must contribute to...

Published Thu, Apr 23 2009 8:08 AM by Damon Vis-Dunbar

Filed under: ICSID, annulment, Malaysia, Malaysian Historical Salvors, economic development

Tribunal disqualifies "abusive" claim by Phoenix Action against the Czech Republic

By Damon Vis-Dunbar 20 April 2009 A three-member tribunal has disqualified a claim by the Israeli-based Phoenix Action LTD, concluding that its purchase of two Czech companies was solely a pretext for exploiting the Israel-Czech Republic bilateral investment...

Published Mon, Apr 20 2009 4:01 AM by Damon Vis-Dunbar

Filed under: jurisdiction, Czech Republic, Phoenix Action

Deutsche Bank targets Sri Lanka with a BIT claim connected to a hedging contract

By Damon Vis-Dunbar 3 April 2009 A dispute related to oil derivatives entered into by Sri Lanka’s state-run petroleum utility has led at least one foreign bank to file arbitration proceedings against the Government of Sri Lanka. The state-run Ceylon...

Published Fri, Apr 03 2009 6:53 AM by Damon Vis-Dunbar

Filed under: ICSID, Sri Lanka, Deutsche Bank, hedging contract

European miners and South Africa suspend proceedings

By Damon Vis-Dunbar 2 April 2009 ( Note: a correction has been made to this article. An explanation is posted below). A group of European’s with a stake in South Africa’s granite-quarrying sector and the Government of South Africa have agreed...

Published Thu, Apr 02 2009 10:07 AM by Damon Vis-Dunbar

Filed under: South Africa, MPRDA

April 2009 - News and Commentary

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