investor-state disputes | ISDS


The secret tribunal
Expert Marcos Orellana walks us through the shadowy arbitration system, the Chevron case in particular, and what it all means for global climate action.
OPL 245: Nigeria must resist Eni’s legal bullying, says group
The Human and Environmental Development Agenda, Re:Common, Global Witness, and Corner House, have called on the Nigerian government to stand against Eni’s legal move over the oil processing license (OPL) 245.
Orange begins legal proceedings against Iraq government
Orange Group has instituted legal proceedings against Iraq in an attempt to claw back more than USD 400 million in investments it alleges were expropriated by the country’s regulator.
UNCITRAL tribunal dismisses claims of German aircraft leasing company against the Czech Republic while upholding its jurisdiction over the intra-EU claim
The tribunal rejected the investor’s claims of expropriation, breach of standard of FET, breach of standard of full protection and security, and breach of standard of non-arbitrary or discriminatory measures.
All claims dismissed in telecommunications case against Canada: Changes in the regulatory environment did not breach F.E.T.
The tribunal dismissed all claims on merits, apart from the claim under national treatment, which was considered outside the tribunal’s jurisdiction.
Eni seeks World Bank arbitration in Nigeria oilfield dispute
Eni plans to argue that the country's failure to allow it to exploit an oilfield it acquired with Royal Dutch Shell nearly a decade ago breaches their investment agreement.
UNCITRAL and ISDS reform (online): can you hear me now?
Does moving online mean more governments and more officials participate? Or does it lessen the prestige and priority of the negotiations, leading to less engagement by key officials?
Assessing outcomes in ISDS
15 highly active respondent countries with net ISDS losses cumulatively account for USD 14.8 billion in net outcomes through 2017.
The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act
Tanzania has enacted significant changes to the legislation governing foreign investment in natural resources with the aim of ridding the sector of the vestiges of “colonial” relationships.
Does investor protection increase foreign direct investment? A meta‐analysis
74 studies find robust evidence that effect of international investment agreements on foreign direct investment is so small as to be considered zero.