investor-state disputes | ISDS


Report: Landmark ruling suggests investor-state dispute settlement illegal in all EU investment deals
A report reveals that the recent Achmea ruling by the European Court of Justice could render investment agreements between the European Union or its Member States and non-EU countries illegal.
Canadian opposition to Nafta's chapter 11 gives Trudeau leeway
Dislike of investor-state dispute mechanism appears widespread. Public consultation files detail what Trudeau team was told.
French court upholds literal interpretation of investment treaty
A recent decision under the Energy Charter Treaty by France's highest court appears to signal a return to a literal interpretation by the French courts of international treaties.
A practical guide to Chinese investor protections along the Belt and Road
Investors journeying along Belt and Road Initiative should be aware of their rights under the web of investment treaties which cover the route.
Appointing authorities and the selection of arbitrators in investor-state dispute settlement: an overview
The Freedom of Investment Roundtable considered a Secretariat paper on appointing authorities and the selection of arbitrators in ISDS
NAFTA: New protections for "too big to fail" banks
The financial industry’s demands for a “modernized” financial services chapter of the North American Free Trade Agreement have been overlooked
Legal expert slams ISDS as “wild, wild west” of international law
Kahale uses examples from his own experience to argue that the ISDS system based on commercial arbitration principles is not fit to arbitrate cases in which international companies seek compensation from governments for changes in health, environment or other public interest laws.
Canadian corporations are suing developing countries for billions of dollars
Canada is the most sued country in NAFTA but Canadian companies aren’t shy about using ISDS claims either.
Trump Organization pressures Varela
A letter sent by the Trump Organization's lawyers reminded President Varela of Panama's obligations under a 1983 treaty that protects the rights of investors from the United States.
ISDS: The wild, wild west of international law and arbitration
I thought it would be both exciting and challenging to follow clients into this new area of investment claims practice. What I didn’t know was that I was entering the Wild Wild West of international practice.