investor-state disputes | ISDS


Mining companies dominate ISDS treaty-shopping claims from Australian companies
Australia, with its many Bilateral Investment Treaties and FTAs, contributes to a system of treaty shopping by mining companies looking to sue governments over unfavourable decisions.
Project finance protected as foreign investment in investor-state arbitration in Mexico
For the first time, an ISDS tribunal has qualified project finance as a foreign investment protected under an investment treaty.
Australian government to review its Bilateral Investment Treaties
The Australian Federal Government has announced it is reviewing the bilateral investment treaties (BITs) to which Australia is a party.
Maharashtra govt’s plan to reinvite bids for Dharavi project may hit legal hurdle
Seclink Technologies, funded by the royal families of the United Arab Emirates and Bahrain, plans to seek arbitration over the issue under the Bilateral Investment Promotion Protection Agreement.
Zimbabwe is offering land back to BIPPAs and black farmers. Betrayal or the law? Here are the facts
There are only two types of farmers that can be compensated for both land and improvements on farms. On of them is farmers whose land was protected by Bilateral Investment Protection and Promotion Agreements.
EU countries sign intra-EU BIT termination agreement, ushering in brave new world of investor-state dispute settlement on the European continent
While the termination agreement is in many ways the culmination of a process seeking to put an end to intra-EU investor-State dispute resolution, the story is far from over.
Barrick to appeal lost challenge over PNG mining rights
Barrick Gold Corp has lost a court challenge in Papua New Guinea over rights to a highlands gold mine and intends to appeal to the country’s Supreme Court.
Knezevic warns Darmanovic he will sue the state before the international court of arbitration
Knežević and the Atlas Group's affected companies have the right to initiate arbitration proceedings against Montenegro, according to the arbitration rules of UNCITRAL, ICC or ICSID.
Barrick to fight PNG’s attempt to grant Porgera lease to state-backed miner
Canada’s Barrick Gold said it would challenge the Papua New Guinea government alleged move to grant a 20-year lease for the Porgera gold mine to a state-backed firm.
Investor-state disputes arising from COVID-19: balancing public health and corporate wealth
In response to the COVID-19 pandemic, governments globally are engaging in a difficult balancing act of protecting public health, mitigating economic damage and avoiding interference with private rights.