investor-state disputes | ISDS


Notice of intent to submit claim to arbitration under Korea-United States free trade agreement chapter 11
First ISDS case against South Korea under Korea-US FTA.
Breaking down the security exception in the US-Argentina BIT
Noting the ad hoc nature of investment arbitration under the ICSID, it is not surprising that two tribunals adopted different interpretations
South Africa: How safe for investment?
The Protection of Investment Act affords foreign investors no protections beyond domestic law, and pointedly disavows investor-state international arbitration. The SADC Protocol was also amended by the SADC Summit of heads of state and government.
Responsible investment provisions in international investment treaties: where next?
How international investment treaties could promote more responsible investment and argues that, while some innovative practices are emerging, there is still much to do.
Kyrgyz Republic defeated in jurisdiction challenge to UNCITRAL investment award
The key issue in the case concerned the proper interpretation of the dispute resolution provision in the 2003 Investment Law, which was the basis for jurisdiction.
African Petroleum seeks arbitration over Gambia oil dispute
African Petroleum Corp has begun arbitration proceedings over Gambia’s decision to strip the company of its rights to explore for oil in two offshore areas.
Not so sweet: Tanzania confronts arbitration over large-scale sugarcane and ethanol project
Tanzania is currently confronting this challenge, faced with a new international investment dispute tied to a proposed large-scale sugarcane and ethanol production project.
A Nafta battleground on the shores of Canada
This far-flung peninsula in the North Atlantic seems an unlikely place for an international trade dispute. But an American company’s scuttled plans to build a quarry here have turned these quiet fishing grounds into a case study.
Orascom escalates €5B Algeria battle
A long-running battle between Naguib Sawiris’ Orascom and the Algerian authorities rumbled on, with the operator seeking an annulment of a recent decision on the case.
5 hidden costs of the RCEP to people and planet
The RCEP has hidden costs for people's lives