investor-state disputes | ISDS


Singapore court sets aside award against Lesotho
The Singapore High Court has set aside an investor-state arbitral award on the merits against the Kingdom of Lesotho. The case is an important one, as it concerns whether investors can use arbitration to resolve cases that were pending before the SADC Tribunal when it was dissolved by the SADC Summit in 2014.
Would Vodafone comply with Delhi high court order?
The Delhi high court has passed an ex-parte order restraining Vodafone Group Plc. from proceeding with arbitration under the India-UK Bilateral Investment Protection Agreement (India-UK BIPA). However, it remains to be seen whether Vodafone would comply with this order of the court.
Romanian Unesco site proposal may be halted to allow gold mining
Romania’s prime minister has suggested his government will withdraw an application to have the Roman gold-mining area of Roșia Montană declared a Unesco world heritage site, potentially reviving controversial plans to resume mining.
Govt will lose gold mine dispute due to Article 44 use: academics
FTA Watch warns that Thailand would most certainly lose an arbitral tribunal process regarding allegations that it violated the Thailand-Australia Free Trade Agreement, exposing the country to huge losses due to claims for compensation.
Foreign investors may take Korea’s mobile fee cut to ISD settlement
Foreign investors are making increasing inquiries about possible losses to their investment in South Korean telecom companies, three days before the carriers are to decide on whether to file a lawsuit against the government’s fee cut plan, industry sources said on Aug. 28.
Canada says 'hard no' on changing NAFTA dispute resolution
Canada will oppose any effort to change the investor-state dispute resolution system in the North American Free Trade Agreement, sources tell the Washington Examiner
Trump move on settling trade disputes splits NAFTA fans and critics
The Trump administration's proposal to revamp NAFTA's system for settling disputes between governments and private companies splits both the opposition to and the advocates for ISDS
"Modernize NAFTA, but don't ruin its energy trade provisions"
More than 100 associations representing US businesses are teaming up to encourage the Trump administration to maintain ISDS protections as it renegotiates NAFTA, writes the head of the US oil and natural gas industry trade group
Support threatened if Trump team abandons investment protection provision
Three top US business groups have fired a warning shot at the Trump administration, threatening to drop their support for its renegotiation of the North American Free Trade Agreement if a controversial investment protection provision is abandoned.
A BIT of critique
A committee in India, led by Justice B.N. Srikrishna, has lost an opportunity to push for the recalibration of the country's BIT regime