investor-state disputes | ISDS


Progress towards a Multilateral Investment Court? EU-momentum building and divisions in UNCITRAL Working Group III
The European Commission’s focus on ISDS has been so intense that far-reaching reform has been portrayed by many as inevitable. The Commission’s proposal is for the development of a multilateral investment court system (MIC).
Conoco aims to seize oil cargoes near Citgo's Aruba terminal
US oil company ConocoPhillips has brought new court actions to seize two cargoes of crude and fuel near a terminal operated by PDVSA subsidiary Citgo Petroleum in Aruba.
International body recommends inclusion of Romania’s Roşia Montană in world patrimony list
Rosia Montana Gold Corporation entered a dispute with the Romanian state at the ICSID after the mining project was blocked as the site was declared a historic monument.
Reko Diq damages claim ‘exaggerated’
The company exaggerated its future profits by underrating tax and royalty obligations by as much as 61 per cent, officials said.
New Zealand signs side letters with five CPTPP members to exclude compulsory investor state dispute settlement
New Zealand has recently signed "side letters" to exclude compulsory Investor State Dispute Settlement with five members of the CPTPP – Brunei Darussalam, Malaysia, Peru, Viet Nam and Australia.
Conoco authorized to seize $636 million in Venezuela PDVSA assets
The legal action was the latest in the Caribbean to enforce a $2 billion arbitration award by the International Chamber of Commerce (ICC) over the nationalization.
Draft Council conclusions on the negotiation and conclusion of EU trade agreements
EU member states approved the Commission plans to keep investment protection provisions seperate from trade agreements so that they can be approved without the ratification of national or regional parliaments.
Report of working group III (Investor-State Dispute Settlement reform) on the work of its thirty-fifth session (New York, 23-27 April 2018)
The working group continued its deliberations on identification of concerns in the field of ISDS, as contemplated in the first part of the mandate.
Federal Court ruling sparks renewed criticism of NAFTA investor-state dispute resolution
A Federal Court ruling in favour of an American company that is seeking millions in damages from Canada has prompted environmental groups to renew their calls for Ottawa to push to scrap the NAFTA Chapter 11 investor-state dispute resolution system during the ongoing free trade renegotiations with the United States and Mexico.
Maine state legislators endorse removing ISDS from NAFTA
The Maine Citizen Trade Policy Commission, a legislator-run, bipartisan governmental body, recently sent a letter to U.S. Trade Representative calling for ISDS to be removed in its entirety from NAFTA.