investor-state disputes | ISDS


PAW2020: The future of ISDS in Africa
African states need to take a unified and proactive approach to investor-state dispute settlement (ISDS), in order to make a system that is fairer to Africa and more consistent.
The risk of investor-state disputes in Asean in the aftermath of Covid-19
The current pandemic, and the treaty claims which are likely to stem from it, are a reminder of the importance for ASEAN to be engaged in ongoing discussions at the United Nations of possible reform of the system of investment treaty arbitration.
Revisiting BITs in the wake of Covid-19
Amidst the global risk of ISDS claims, it is incumbent to shed light on Bangladesh’s BIT structure and its feasibility to confront ISDS claims in the backdrop of Covid-19 regulatory space.
Organization in charge of Jeju Yerae Residential Resort Complex to pay over US$100 million to Malaysia’s Berjaya Group
Berjaya is to receive US$104.3 million and to withdraw the notice of intent that it submitted to seek investor-state dispute settlement arbitration for a sum of US$3.42 billion.
EU must end investment protection in the fossil sector
The Energy Charter Treaty, which dates back to the 1990s, severely restricts Europe’s ability to change regulations in the energy sector, with many EU member states facing court actions worth billions of euros, write a group of MEPs.
Chinese investments enjoy treaty protection. Beijing can drag New Delhi to tribunals
India has a Bilateral Investment Treaty with China since 2007. The treaty provides foreign investors the right to fair and equitable treatment.
Civil society groups sound alarm over COVID-19 claims in 'corporate courts'
Countries could be facing a wave of cases from transnational corporations suing governments over actions taken to respond to the Covid pandemic using a system known as investor-state dispute settlement, or ISDS. Some 630 organisations from across the world, representing hundreds of millions of people, are calling on governments in an open letter to urgently take action to shut down this threat.
Countries serious about climate change should leave the Energy Charter Treaty, says former ECT official
Interview with Yamina Saheb, former head of unit in the Energy Charter Treaty Secretariat .
Prairie Mining secures litigation funding to sue Poland
The claims had arisen out of certain measures taken by Poland, allegedly in breach of the Energy Charter Treaty and the Australia-Poland Bilateral Investment Treaty.
First annulment of investment arbitration award by Supreme Court
In a recently published decision, the Supreme Court – for the first time – partially annulled an arbitral award issued in an investment arbitration brought by Clorox España SL against Venezuela.