investor-state disputes | ISDS


Recent developments in ISDS reform
The traditional mechanism of investment arbitration between the investor and the host State has been under attack for some time now from a range of actors and for a variety of reasons.
Cairn arbitration award may be protracted, not expected before 2019-end
UK's Cairn Energy on Tuesday said the arbitration process against India on imposition of retrospective tax demand is likely to be protracted and a decision is not expected before late 2019.
Reko Diq, Karkey cases: Pakistan to challenge verdicts of ICSID: Omar
Pakistan government is going to challenge the verdicts of International Centre for Settlement of Investment Disputes (ICSID), said Minister for Power Division.
AS Tallinna Vesi and United Utilities (Tallinn) B.V. v. Republic of Estonia
Squire Patton Boggs has successfully defended the Republic of Estonia against a US$100 million investment treaty claim brought by Estonian water provider AS Tallinna Vesi and its Dutch shareholder United Utilities.
Luxembourg leads EU push to climate-proof Energy Charter Treaty
Critics say the Energy Charter provides excessive legal protection for oil and gas companies, which can claim uncapped reparations from governments who frustrate investments in fossil fuel projects.
KPMG says Moldovan investor falsified financial statements to claim $500mn from Kazakhstan
The audit company claims its reports used in the lawsuits launched by companies controlled by Moldovan businessman Anatol Stati were based on “ knowingly false representations by Stati to KPMG”
World Bank tribunal lowers ConocoPhillips award for Venezuela expropriation -document
A World Bank arbitration panel lowered an initial $8.7 billion award to US oil company ConocoPhillips as compensation for Venezuela's 2007 expropriation of its assets to $8.5 billion.
Intellectual property under the scrutiny of investor-state tribunals
The fact that private arbitral tribunals are increasingly interpreting intellectual property provisionsraises complex issues.
Glencore awarded just $19 mln by tribunal in Colombia lawsuit
A World Bank tribunal has ordered Colombia to repay a $19 million fine it levied on Glencore’s coal mining subsidiary Prodeco.
Lydian’s gold project in Armenia faces yet another environmental review
Lydian International’s Amulsar gold project in Armenia may have to go through a fourth environmental review in less than a year.