investor-state disputes | ISDS


Stans Energy secures litigation funding arrangment
Stans has entered into a litigation finance agreement to obtain incremental funding of Stans’ legal costs to continue with the international arbitration proceedings against the Republic of Kyrgyzstan.
Les jeux sont faits: Swiss Supreme Court upholds investment treaty award against public policy challenge in a gambling case
The Swiss Federal Supreme Court confirmed its statutory restraint in reviewing arbitral awards and rejected the host state’s request to set aside the award for violating substantive public policy.
Impact of foreign direct investment on arbitration in Africa
Whilst arbitrations involve African parties or interests, most of these arbitrations have their seat outside Africa.
New Zealand: Agreements with five countries exclude compulsory investor-state dispute settlement processes
On March 9, 2018, the New Zealand Minister for Trade and Export Growth, David Parker, announced that the government has signed “side letters” with five other countries that are also party to the TPP11 that exclude compulsory investor-state dispute settlement.
US court grants enforcement of US$520 million award against Republic of Kazakhstan
US court issued its ruling in favor of the plaintiffs in Stati et al. v. Rep. of Kazakhstan, a long-running litigation concerning the Stati Parties' efforts to enforce a $520 million arbitral award under the Energy Charter Treaty.
An example of regulatory chill
The case of Ethyl v. Canada.
Gazprom draws up lawsuit for international arbitration over Ukraine’s antimonopoly fine
Gazprom has already sent a notice to Ukraine about the Ukrainian side violating its obligations to protect investment and is currently preparing a lawsuit to appeal to International arbitration.
Nissan dispute: State insists court to stall int’l arbitration
A week after Japanese automaker Nissan hinted at the scope of an amicable solution, the Tamil Nadu government insisted that the Madras high court hear its plea to stall the international arbitration initiated by company.
'A high-ball opening offer': First Quantum reels as Zambia slaps it with $7.9-billion tax bill
The dispute offers another example of the rising tensions between mining companies and the government leaders in cash strapped countries where they operate.