investor-state disputes | ISDS


Reko Diq: Contradictory claims made before PAC about alleged graft
As a National Accountability Bureau inquiry into alleged embezzlement in Reko Diq case remains on hold, various stakeholders made contradictory claims before the Public Accounts Committee about people who could be blamed for any corruption in the deal.
Global mining firms sue Kenya for Sh334bn compensation
Global mining firms want Kenya compelled to pay Sh334 billion as compensation for cancelling their licences.
Beijing plans new mechanism for Belt and Road arbitration
In a proactive move, China has plans under way to provide its own arbitration in any future commercial issues or disputes between the Belt and Road countries. The 68 countries and regions included in the Belt and Road Initiative (BRI) not only vary in economic strength but also require a stable trade environment with adequate legal safeguards.
Congolese mines minister mum on whether controversial new code has been made law
International mining companies, which include Randgold, Glencore and China Molybdenum, have said they will challenge the new law through international arbitration, and are lobbying Kabila not to sign it.
United in mixity? The future of the EU common commercial policy in light of the CJEU’s recent case law
The European Commission reportedly proposed a model for the fast track ratification of trade deals that should be applied for the first time to the new trade agreements with Australia and New Zealand.
Shifting trade winds: US bilateralism & Asia-Pacific economic integration
Certain long-standing provisions of trade agreements, specifically ISDS, are worthy of reconsideration.
Belt and Road and the battle for global investment standards
A new battle is taking shape on the world scene. It sees China and the West compete in affirming their respective investment standards around the globe.
Free trade fantasies: Canada must reject both NAFTA and TPP
Canadian Prime Minister Justin Trudeau has boasted of his commitment to progressive economic, environmental and social policies. At the same time, has been a passionate warrior in his pursuit and defence of so-called ‘free trade’ agreements.
Businessman sues SA too
A Johannesburg businessman, trying to sue the Mozambique government for over $91 million (R1 billion), has taken the SA government to court after officials allegedly sided with the neighbouring country in the dispute.
Public-private partnerships and aid's 'private turn': addressing the investment law dimensions
Where PPP projects turn sour, governments could be exposed to arbitration claims under applicable investment treaties.