investor-state disputes | ISDS


Japan backs ISDS in fierce debate at Energy Charter Treaty review
A written submission from Japan published by the ECT secretariat rejected language on the “right to regulate” and changes to the investor-state dispute resolution mechanism.
Hague court rules in favor of Chevron in dispute with Republic of Ecuador
The District Court of The Hague ruled in favor of Chevron in its dispute with the Republic of Ecuador, upholding a 2018 arbitral award rendered by an international tribunal administered by the Permanent Court of Arbitration.
Tribunal dismisses all of investor's claims under NAFTA and orders him to pay more than $2 million in costs
The tribunal held that the Mexican authorities had not violated international commercial law or breached their commitments under treaties to which they were a party.
Odyssey Marine Exploration files first memorial in Mexico NAFTA case
Odyssey filed the first memorial, alleging that Mexico wrongfully denied environmental approval of the ExO Phosphate project in breach of NAFTA.
Shaping future UK trade policy: investment protection provisions
As the UK regains full responsibility for its trade and investment policy post-Brexit, it must seriously consider its approach to international investment protection.
Energy companies keep right to sue states in private courts, as treaty reforms blocked
Negotiators have ruled out an overhaul of private courts that allow energy companies to sue national governments when climate change policies hurt their profits.
COVID-19 and the risk of foreign investor challenges
Tensions are likely to surface between the public-policy directions of governments managing a challenging economic climate and foreign investors' private interests.
Sovereign rights to natural resources as a basis for denouncing international adjudication of investment disputes: A reflection on the Tanzanian approach
Tanzania’s reforms show that the claim that African states should regard ISDS mechanism as the preferred method for resolving investment disputes is not only very contested, but that there are legitimate grounds for those contestations.
The red carpet investments in the middle of a pandemic result in crisis of people’s sovereignty
Indonesian CSOs assesses the national economic recovery strategy by strengthening policies economic liberalization focusing only on investment and exports will only be increasingly open space for corporate monopoly on economic resources.
Fracking company sues Slovenia over ‘unreasonable’ environmental protections
A British oil and gas company is using a controversial energy treaty to sue Slovenia, after being required to carry out an environmental impact assessment