investor-state disputes | ISDS


The Achmea case between international law and European Union law
If the European Court of Justice applied in Opinion 1/17 the same test it used in Achmea, it would probably conclude that the CETA tribunal is not compatible with EU law.
Multilateral ISDS reform is desirable: What happened at the UNCITRAL meeting in Vienna and how to prepare for April 2019 in New York
UNCITRAL Working Group III met in Vienna from October 29 to November 2, 2018 and decided that multilateral reform is desirable to address various concerns regarding ISDS.
ICSID: How impartial is the main BIT arbitration forum of Bangladesh?
The very operational narratives of ICSID arbitrators inculcate an inherent bias towards foreign investors, who are overwhelmingly from European and North America.
Inconsistency’s many forms in investor-state dispute settlement and implications for reform
New briefing explores potential sources of inconsistency in ISDS, from divergent interpretations of provisions to decisions inconsistent with societal objectives, and the way forward.
Ukraine: Enforceability of emergency arbitral awards (JKX Oil & Gas PLC v. Ukraine)
The Ukrainian Supreme Court refused recognition and enforcement of the emergency award in Ukraine, based on the grounds that enforcement of the emergency award would be contrary to the public policy of Ukraine
Government negotiations to bring down Egypt’s $2bn fine for Unión Fenosa
Compensation of partners to stop pumping of gas to Damietta LNG Plant with part of revenue.
German company requests arbitration with Morocco at World Bank agency
A metallurgical industry project is the center of the dispute.
There’s a hidden cost in Trump’s new trade agreement with Canada and Mexico
Investment treaties with ISDS provisions make it hard to tax foreign firms and worsen human rights and labor practices.
Westwater announces acceptance of its request for arbitration
At issue is Turkey’s taking of Westwater’s Temrezli and Şefaatli uranium projects in June 2018.
Belarus - India BIT (2018)
As released by the Goverrnment of India