investor-state disputes | ISDS


NAFTA renegotiation: ISDS reform objectives
ISDS reform is one of several “negotiating objectives” announced last month by the Office of the United States Trade Representative.
BUCG v. Yemen decision clears jurisdictional hurdles for investment claims by Chinese state-owned enterprises under the ICSID Convention
The Tribunal dismissed Yemen’s allegations that state-owned enterprises in the PRC were precluded from bringing claims under the ICSID Convention.
The Bilcon NAFTA tribunal: a clash of investor protection and sustainability-based environmental assessments
The Bilcon tribunal ruling raises a number of concerns about the ability of investor protection tribunals to properly assess whether a foreign investor has been treated fairly under a domestic environmental assessment process.
India may deviate from model BIT to meet Canada’s demands
As talks with Canada began before model text was approved by Cabinet, deviations may be allowed.
The political economy of the investment treaty regime
This book synthesises and advances the growing stock of literature on the investment treaty regime by integrating legal, economic, and political perspectives.
Kyrgyz Republic’s experience with investment treaties and arbitration cases
The Kyrgyz Republic currently faces investment claims in the proximity of 1 billion USD, arising out of investment dispute settlement cases.
Spain uses the ICSID award by trimming renewable
The Government of Spain has submitted to international arbitration tribunal ICSID appeal against the ruling which condemned him to pay 128 million euros plus interest to the British firm Eiser Infrastructure.
Burford claims almost half of $324M Argentina arbitration win
Litigation funder Burford Capital stands to take home roughly $140 million from a $324 million recovery against the government of Argentina.
Tell us who gains from RCEP: People's Forum demands as RCEP talks end
“Tell us at least now who gains from RCEP,” People’s Forum challenges the Indian government as the 19th round of RCEP negotiations comes to an end
Why RCEP is more dangerous than bilateral investment treaties
Crucial to RCEP’s investment protection chapter is the highly controversial Investor-State Dispute Settlement mechanism, a system of privatised justice characterised by international arbitration tribunals outside of the reach of domestic legal systems, explains Cecilia Olivet of TNI