investor-state disputes | ISDS


Legitimacy concerns of the proposed multilateral investment court: Is democracy possible?
The EU wants to replace traditional party-appointed arbitrators with a two-tiered investment tribunal system comprised by a roster of members selected by the state parties on the treaty. This essay argues that the creation of the multilateral investment court needs to follow democratic principles in order to be legitimate.
Backlash against investor-state dispute settlement mechanism
Three investment cases brought against Bangladesh to the International Centre for Settlement of Investment Disputes by foreign investors largely curved the regulatory powers of Bangladesh for public purposes.
Mine owner takes govt to arbitration
Australian gold mining firm Kingsgate Consolidated is seeking negotiations with the new Thai government over the case in which it was ordered to cease mining operations in Phichit two years ago.
UN study shows more governments rejecting or limiting foreign investor-rights to sue governments (ISDS)
A new study of trade and investment deals concluded in 2018 by UNCTAD shows that most have either omitted ISDS altogether or severely limited its scope, reports AFTINET
Leaked report reveals ‘misfunctioning’ of Energy Charter Treaty amid EU reform calls
A confidential internal report, obtained by EURACTIV, lists the multiple failings of the Energy Charter secretariat, at a time when the treaty is undergoing a major revision process and is being used by Russia’s Nord Stream 2 pipeline in a first-time legal proceeding against the EU.
Tobacco and trade: an unhealthy and harmful marriage
The tobacco industry has a long history of using international trade deals to force their products into new markets.
Argentina to pay US$320m in damages over Aerolíneas nationalisation: court
The Cristina Fernández de Kirchner administration nationalised the airline in 2008, paying a symbolic one peso (30 US cents).
Arbitration court rejects India's plea in case against Nissan: Sources
Nissan sent a legal notice to Indian govt in 2016 claiming more than ₹5,000 crore in unpaid dues, damages at the time
Trans-local mining activism connects Nevada and Guatemala in growing movement of resource nationalism
In December of 2018, KCA filed a $300 million-dollar arbitration claim against the government of Guatemala under CAFTA-DR.
UN reform needed to stop companies fighting climate rules: Nobel laureate Stiglitz
Multinational companies will increasingly file massive cases against host countries when climate change policies affect their profits, Nobel Prize-winning economist Joseph Stiglitz said.