investor-state disputes | ISDS


Could Adani sue if the mine is cancelled?
A former investment treaty between India and Australia allows for a legal claim if the mine doesn’t go ahead, but this shouldn’t deter a federal government, says a UNSW Law researcher.
Nepal has strong case on Ncell arbitration
Axiata UK may be required to exhaust local remedies before resorting to arbitration under the UK-Nepal investment treaty
EU Court CETA ruling shows failure of ISDS reform
The EU Court suggests: well, just don’t pay. And let us block enforcement of unreasonable ISDS awards.
UNCITRAL Investor-State Dispute Settlement reform: Why it matters to Caribbean states
Caribbean States and investors are not only participating, but being harmed by the ills and abuses of the current system of ISDS.
New report exposes mining companies suing Latin American countries where communities defend land and environment
We analyzed 38 multi-million dollar claims brought by the mining industry using ISDS and other investment protection laws; in over half, communities are fighting to protect Indigenous territory, water, and more.
An update on the ISDS reform: the 37th Session of the UNCITRAL Working Group III investor-state dispute settlement reform
The 37th session in New York was devoted to addressing and identifying some additional concerns and creating a workplan for carrying out phase three of the mandate—developing possible ISDS reform options.
Canadian mining companies are behaving badly in the Global South—and Wall Street is profiting from it
Canadian investors have frequently used the ISDS system to pursue their commercial interests abroad—too often to challenge responsible government policies taken in the public interest in developing countries.
Compatibility with EU law is not real issue with ISDS
But legality should not be our main concern here. There are much better approaches to international investment and we should be considering them.
EU top Court misses opportunity to protect democracy in EU-Canada trade ruling
In a disappointing judgment, the Court of Justice of the EU (CJEU) has ruled today that the investment court system in the Canadian EU trade agreement (CETA) is compatible with EU law.
The ECJ verdict changes nothing – ISDS may not be illegal but it is immoral
The judgement is disappointing but The case against ISDS (or its rebranded version ICS) has never been primarily a legal one. It is a moral one.