investor-state disputes | ISDS


Why do states consent to arbitration in national investment laws?
Of the 65 states that have received investment law advice from World Bank's FIAS, 30 subsequently included arbitration in their law.
Morocco’s new model BIT: Innovative features and policy considerations
In the face of the increasing number of claims brought by investors against host states on the basis of BITs and the exorbitant amounts awarded to investors, Morocco has undertaken a review of its model BIT using a flexible and rational approach.
Eiser Infrastructure Limited and Energia Solar Luxembourg S.à.r.l. v. Kingdom of Spain
On June 11, 2020, an ICSID ad hoc committee issued a unanimous decision to annul a €128 million award against Spain in its entirety.
Potential ISDS problems post Covid-19
The Transpacific Partnership Agreement involves investor - state dispute settlement clauses, which large companies may use ISDS to sue governments for actions they took to stop the spread of the virus.
What is Dubrovnik today?
A golf course, free-trade agreements, and the fight for the soul of a city
Open letter to governments on ISDS and COVID-19
We urge you to take immediate action to ensure that the duty of governments to regulate in the public interest is safeguarded and put beyond the scope of ISDS claims.
Is Korea caught in Lone Star's trap?
The government is apparently baffled by Lone Star Fund's attempts to use Korean news outlets as a means of putting itself in a dominant position in its $4.68 billion legal battle against Seoul.
Netherlands Supreme Court accepts Russia’s appeal of $57 billion verdict in favor of ex-Yukos shareholders
The Supreme Court of the Netherlands has agreed to consider Russia’s appeal against a lower court ruling, which awarded multi-billion-dollar compensation to former shareholders of the defunct Russian oil giant, Yukos.
Foreign investment, knowledge and international arbitration: inside a research trip
International investment law and investor dispute arbitration too often fail to notice the concerns of local actors. Governance of these international mechanisms needs to take a more holistic, development-based view of the issues.
NextEra wins millionaire renewables lawsuit against Spain
The ICSID has lifted the suspension on the execution of the €290 million award NextEra obtained a year ago.