investor-state disputes | ISDS


Arbitration case: Cairn Energy offers to invest $1.2 bn if India relents
Cairn Energy has offered to invest the entire award money in India, which includes the principal amount of $1.2 billion and interest of $500 million if the government agrees to enforce the award.
Kenya prevails in a geothermal arbitration brought by WalAm Energy— ICSID tribunal rejects all claimant allegations
An ICSID tribunal dismissed claims brought by WalAm Energy LCC over a geothermal project in the Republic of Kenya
UNCITRAL tribunal finds India in breach of India–UK BIT in proceedings brought by Cairn entities
A PCA tribunal dismissed India’s jurisdictional objections and found it in breach of the FET standard in the India–UK BIT in an arbitration under UNCITRAL rules initiated by Cairn Energy.
Rethinking investment law from the ground up: extractivism, human rights, and investment treaties
For many people affected by resource extraction, it is the prevailing legal regime that dis-embeds and disintegrates, because investment treaties can protect ventures that upend their lives with little scope for voice or redress.
Oschadbank v. the Russian Federation
The Paris Court of appeal set aside the arbitral award issued in the dispute Oschadbank v. the Russian Federation, finding that the tribunal lacked temporal jurisdiction.
Tribunal to hear miner’s dispute against Tanzania
Indiana argues that expropriation of its nickel project breached the investment agreement signed by Tanzanian, British and the Northern Ireland governments.
From gunboats to treaties: Who wrote the rules of globalisation?
From colonisation to investor-state dispute settlements, rich countries have sought to exploit and influence their poorer counterparts for centuries, but how did globalisation in its current form come to be?
Paris Court of Appeal finds PCA lacked power to intervene in OIC investor-state arbitration
The Paris Court of Appeal recently issued a noteworthy decision that will likely have a significant impact on the use of the OIC Agreement, one of the largest multilateral investment treaties.
Nobel economist and 100 experts condemn corporate action against Argentina and Bolivia after rollback of failed pension privatization
Private insurance corporations are suing Argentina and Bolivia for loss of potential profits as a result of the reversal of privatization of pension programs.
Barrick forces hand of Papua New Guinea government in reopening Porgera mine
Referring repeatedly to legal threats by Barrick Gold Corp., Prime Minister Papua New Guinea released a statement announcing that his government will be making a deal with the company in regard to the Porgera Joint Venture gold mine.