investor-state disputes | ISDS


Energy Charter Treaty: stalled reform fuels EU fears for climate
European governments are losing patience in talks to modernise the controversial Energy Charter Treaty (ECT), according to leaked documents.
Reko Diq: How fair is international arbitration in investment disputes?
Pakistan ill-fatedly lost its multi-billion dollar, regarding probably the world’s largest copper-gold deposit.
Parliament of Sierra Leone ratifies Marampa Mines’ large-scale mining agreement
The ratification sees the ICSID arbitration between Sierra Leone and Gerald International Limited/SL Mining Limited being withdrawn and discontinued.
Croatia to pay €40m to US investment company to settle 20-year-old dispute
The Croatian government okayed the out-of-court settlement between Croatia and the American Colgate McCallum investment management company, which will see Croatia pay €40m to the company.
The tale of the dead oil pipeline and the zombie trade agreement
The Keystone XL (KXL) pipeline was back in the news last week for a couple of reasons.
Shadow courts for fossil fuels want a green makeover
Under the Energy Charter Treaty, investors can sue governments for loss of future profits. Champions say this will be an ‘indispensable tool’ for the green transition.
The future of arbitration under the Energy Charter Treaty
This legal briefing explains how the implications of the Komstroy ruling, alongside other recent CJEU decisions, on pending and future intra-EU ISDS claims.
Investment governance in Africa to support climate resilience and decarbonization
African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.
EU in battle with its own states as it threatens countries with court over bilateral deals
The EU Commission has launched infringement proceedings against seven member states over their failure to end intra-bilateral investments agreements.
US Court of Appeal dismisses ex-Yukos shareholders’ case
Former shareholders tried to collect $50 billion from Russia.