investor-state disputes | ISDS


Vodafone versus India: A BIT of confusion
By restraining a foreign investor from pursuing a claim under a bilateral investment treaty (BIT), the Delhi high court is coming in way of India’s accountability being tested under international law.
Foreign patent owners can challenge domestic judgments under international investment arbitration
The first ever final award on patents in international investment arbitration by ICSID in the case of Eli Lilly v. Canada has effectively cleared the way for raising future disputes by foreign IPR owners against domestic institutions which can result in stronger and robust IP protection regime.
The MERCOSUR Protocol on Investment Cooperation and Facilitation: regionalizing an innovative approach to investment agreements
The Protocol draws significantly on the Brazilian model investment agreement, which stands out for departing from the traditional design of Bilateral Investment Treaties, particularly by excluding the possibility of investor-State dispute settlement (ISDS).
Cairn Energy adds $249 mn to compensation claim in retrospective tax dispute
UK-based Cairn Energy Plc has increased its compensation claim by $249 million in the retrospective dispute case after the income tax department adjusted tax refund due to the oil explorer towards settlement of its tax liabilities.
THAAD reprisals undermine China FTA
China has shown no hesitation in disregarding its obligations under the free trade agreement with South Korea to take retaliatory measures against the deployment of a US missile defense system in the peninsula, say Korean media
Slovakia wins international arbitration on talc mining licence
But the complainant has not had his last word.
Case C 142/16 Commission v Germany: the Habitats Directive meets ISDS?
Recently, the ECJ has found Germany in breach of its obligations under the Habitats Directive for authorising the operation of a coal-fired power plant near Hamburg.
Poland looks to block part of EU, Canada trade deal
Poland is looking to block part of the Comprehensive Economic and Trade Agreement (Ceta) between the EU and Canada, over concerns for a planned mechanism for resolving disputes.
CSOs challenge PH trade negotiators: Take Philippines out of RCEP!
Philippine civil society groups and social movements stand together to oppose RCEP
Belgium asks European Court on legality of investment protection in CETA
Belgium has requested an opinion from the European Court of Justice on the 'Investment Court System' included in the EU-Canada trade deal, to determine if the ICS is compatible with the European Treaties