investor-state disputes | ISDS


Annulment of Al Kharafi v. Libya arbitral award by Cairo court of appeal
On 3 June 2020, the Cairo Court of Appeal set aside a US$ 1 billion investment treaty award arising out of a dispute between a Kuwaiti construction company and the State of Libya, in relation to a license for a tourist development project in Tripoli, Libya.
Ray of hope for Reko Diq penalty being nixed
Pakistan’s chances of having its $6 billion penalty in the Reko Diq case annulled have received a boost with a committee of the International Centre for Settlement of Investment Disputes (ICSID).
Preparing for the COVID aftermath
Arbitration cases due to COVID emergency measures would exacerbate the challenges that public budgets are already facing due to the need for stimulus measures and the difficulty in collecting government revenue.
Africa should resist acceding to the Energy Charter Treaty
Joining the Energy Charter Treaty could cost developing countries money that is urgently needed to fight Covid-19 and a loaming economic crisis. The Energy Charter Treaty has become increasingly controversial.
Survival clause under Aus-Indo bit will not survive the implementation of IA-CEPA
On 5 February 2020, Australia and Indonesia signed an exchange of letters agreeing to the termination of the Aus-Indo BIT and its sunset clause.
Why we need a moratorium on investment disputes during COVID-19
We call for a moratorium on investor-state arbitration cases and clarity of legal principles to ensure that governments have the policy space to protect their citizenry and combat the epidemic.
EU Commission launches public consultation on protection of intra-EU investment
The EU Commission has launched a public consultation calling for comments on its initiative to improve the protection of intra-EU investment. This initiative could lead to the adoption of new rules enhancing investors' rights vis-à-vis EU Member States and to the creation of new enforcement mechanisms for investors within the EU.
Ecuagoldmining v Ecuador: Mining, the environment, and international arbitration
Ecuagoldmining’s estimated $20 million investment so far could turn into a $469 million award, should it emerge victorious in an arbitration proceeding.
Lone Star hints intent on out-of-court settlement with Seoul over KEB dispute
US private equity firm Lone Star Funds suggested it was open to “amicable and sensible” out-of-court option to settle the longstanding dispute with the Korean government.
Decisions of the Paris Court of Appeal and French Supreme Court in 2019
A number of noteworthy decisions by the Paris Court of Appeal and French Supreme Court have come to refine on the now well-established French case law on international arbitration.