Sunday, May 6, 2018

ISDS and Carribean islands - a good result so far

For those who follow international investment disputes and love the Carribean, this blogpost in the Kluwer Arbitration Blog gives an account if ISDS disputes pertaining to the Carribean islands.

Interesting to note that out of the 17 disputes covering the Dominican Republic, Grenada and Jamaica, the 5 which were settled were in favour of the State. 

An alternative approach to viewing investor state relations - the Brazilian approach

My friend Felipe Hees piece on the Brazilian approach to the vexed question of investor state dispute settlement makes interesting reading. In this South Centre brief, he explains what prompted the approach and how different it is from the traditional model of Bilateral Investment Treaties - an approach that focuses on preventing disputes rather than offering a platform for private investors to sue governments.

I had written about this issue in this piece where the models of investment norm setting were seen through the prism of the tussle for policy space by governments.

India has its own model bilateral investment treaty.