Executive Summary

(Summary of a project undertaken for the Ministry of Finance, Government of Israel)

(Full report can be read here)**

The fair and equitable treatment (FET) standard has become a major basis of investment treaty arbitration claims, with almost half of all...

Executive Summary

(The full memo can be read here)

Under the current system of Investor-State Dispute Settlement (ISDS), many International Investment Agreements (IIAs) allow foreign investors to file arbitration claims against states. Under these proceedings, foreign n...

Short summary of a Confidential Project for an International Government Organization

The students of the Monash Law Clinic (2019)  undertook two related projects for an intergovernmental organisation in respect of two developing countries in the Asia-Pacific region....

Short summary of a Confidential Project for an International Government Organization

The students of the Monash Law Clinic (2019)  undertook two related projects for an intergovernmental organisation in respect of two developing countries in the Asia-Pacific region....

Executive Summary

(The full report can be found here)*

Objective

Determine what provisions are likely to be included in the Investment Chapter of a Canada-UK Preferential Trade Agreement, assuming the UK proceeds with Brexit.

Methods

We examined the political and contex...

Summary of Issue Statements and Brief Answers

(The full memo can be found here) *

1. Would a multilateral investment court’s (MIC) awards be enforceable using the International Centre for the Settlement of Investment Disputes (ICSID) Convention?

Brief Answer: No, under th...

Introduction *

This Negotiators’ Handbook aims at supporting government representatives during the process of negotiating new generation IIAs.

It is structured on a provision-by-provision basis, by reference to the standard provisions usually contained in investment agre...

Executive Summary

This executive summary presents the key findings of the research on the effects of the Achmea judgment of the Court of Justice of the European Union on intra-EU investment arbitration. The findings speak to (i) the Achmea judgment’s effects on pending...

Executive Summary

Prohibitions on performance requirements (“PPRs”) in international investment agreements (“IIAs”) are one of the core issues in investment negotiations today. The controversy stirred from these obligations is a key area of concern for all states which...

Reform Options – Bosnia and Herzegovina’s Bilateral Investment Treaties

Executive Summary

1. Bosnia and Herzegovina (BiH) is a potential candidate country looking to accede to the European Union (EU). In May 2018, the Court of Justice of the European Union (CJEU) ruled i...

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