investor-state disputes | ISDS


The Indonesia-Australia comprehensive economic partnership agreement: the good, the not-so-good and the in-between
Instead of categorically dismissing ISDS, the IACEPA clarifies the protection that the States are willing to grant to investors; and procedural rules that they are willing to adopt.
Axiata seeks arbitration in Nepal tax case
Axiata Group’s UK subsidiary and Nepal mobile unit filed a request for arbitration with the International Centre for the Settlement of Investment Disputes, regarding a capital gains tax bill levied by Nepali authorities.
Phase 2 of the UNCITRAL ISDS review: Why “other matters” really matter
If the investment regime is to be made supportive of development and overcome its legitimacy crisis confronting, something more is required than procedural reforms to ISDS.
French firm Suez settles one of two disputes with Argentina for €220 million
French water and waste management company receives compensation from the government, settling one of its legal disputes with country dating back to Néstor Kirchner's presidency.
Kenya’s foreign trade disputes costly - experts
Kenya spends at least Sh500 million in defending a single case filed by investors at international courts under the Bilateral Investment Treaties, according to a regional trade negotiation institute.
Politically motivated conduct in investment treaty arbitration
Tribunals lack both a coherent conception of what constitutes politically motivated conduct and a consistent understanding of the relevance, if any, of such motivations for the disposition of foreign investors’ legal claims.
Over 200 organizations denounce multimillion dollar suit brought by US mining firm against Guatemala
The company filed the suit in December 2018 for alleged violations of the Central America–Dominican Republic Free Trade Agreement (CAFTA-DR).
Nord Stream 2 invokes Energy Charter Treaty to challenge EU gas link rules
EU plans to extend its internal energy market rules to Russia's Nord Stream 2 natural gas link to Germany could breach the Energy Charter Treaty, which protects international investors, according to the Swiss-registered company building it.
Brexit: Screaming for vengeance? Enforcing intra-EU arbitral awards in the post-Brexit UK
After Brexit, the UK will be theoretically a suitable jurisdiction to enforce intra-EU awards.
Rosia Montana: Seeds of utopia in town almost lost to gold mining
In 2015, Gabriel Resources sued Romania before of the ICSID, asking for a reported four billion dollars in damages, after protests halted plans for Europe's largest gold mine.