investor-state disputes | ISDS


South’s concerns over ISDS reform process need to be addressed
The broad mandate given by UNCITRAL focuses on a limited set of procedural issues that fails to address the substantive concerns over the crisis of legitimacy confronting the international investment regime, and ISDS more specifically.
The Irish Spanish Solar sues Spain in the ICSID for the cut in premiums to renewables
Spanish Solar demands compensation from the Spanish Government for having cut the premiums for the use of energy once the investments have been made.
Deep-sea salvage firm uses NAFTA to fight Mexican environmental rules
A lawsuit filed against the Mexican government for denying a permit for seabed mining has put a spotlight on the lack of international rules for such practices.
Protecting human and environmental rights in international investment agreements
Human rights experts are particularly concerned about the asymmetric nature of the system and a lack of investors’ human rights obligations. Together with high ISDS costs and arbitral awards, they undermine states’ ability to realise economic, social, cultural and environmental rights.
XL pipeline absurd $15 billion NAFTA ISDS claim
TC Energy expects to get 15 times more money, coming from taxpayers’ pockets, than the asset losses it experienced from the revocation of a permit, that was already denied twice.
How ‘blood mineral’ traders in Rwanda are helping fund Congo rebels – and undermining global supply chains
New evidence from a UN report and a high-profile investor arbitration case is casting a spotlight on Rwanda’s role in sophisticated smuggling networks that extract gold and coltan from Congolese conflict zones and funnel the strategically important minerals illicitly into global supply chains.
India to scrap retrospective tax law in olive branch to global firms
India proposed scrapping a controversial law that taxed companies retrospectively, a move that could potentially settle its multi-billion-dollar tax cases with Cairn Energy and Vodafone.
Corporate update – UNESCO inscription of Roşia Montană
The UNESCO application and inscription are fundamentally at odds with Romania's obligations under its investment treaties in relation to Gabriel’s gold and silver project.
Pakistan to terminate 23 bilateral investment treaties
Decision aimed at avoiding international arbitration with foreign firms .
Vicat takes dispute with Egyptian state to international arbitration
France-based Vicat raised a case against the Egyptian government with the International Centre for Settlement of Investment Disputes in late June 2021. It concerns its cement production business.