investor-state disputes | ISDS


Australia: Coal and wind interests power ISDS threats against Australia
APR Energy PLC and Nucoal have been making noise about bringing investor-state claims against Australia
Canada blinks in face of US/Pharma pressure
The cool reasoning of the Canadian Supreme Court does not acknowledge or reference “external” pressures or the Eli Lilly v. Canada ISDS case. However, courts do not decide cases in a vacuum. This case seems to have been decided in a pressure cooker.
Three new bill supplements related to natural wealth and resources passed in Tanzania
A number of the provisions of the new legislation are inconsistent with the protections afforded to qualifying investors under agreements such as bilateral investment treaties.
No RCEP Campaign: Stop trading away human rights
The 'No RCEP' campaign urges governments to consider the adverse impact of the mega free trade agreement
What is Brazil bringing to the table? Dispute prevention and resolution under the Brazilian Agreements on Cooperation and Facilitation of Investments (ACFI)
The ACFI model focuses on dispute prevention and bilateral governance, limiting arbitration to the State-to-State level.
UN agrees to start work on multilateral reform of investment dispute settlement
The United Nations has agreed to initiate work on possible multilateral reform of investment dispute settlement including the possible establishment of a multilateral investment court.
Small business leaders to Trump: in renegotiating NAFTA, end unfair competitive edge for multinational companies over US small businesses
100 small businesses: NAFTA currently privileges multinational corporations over U.S. small business unfairly under “Investor-State Dispute Settlement” preferential treatment.
Cabinet approves interpretative notes between India, Bangladesh
The JIN includes the definition of investor and investment, exclusion of taxation measures, Fair and Equitable Treatment (FET), National Treatment (NT) and Most Favoured Nation (MFN) treatment, expropriation, essential security interests and settlement of disputes between an investor and a contracting party,
U.S. appeals court blocks Exxon from enforcing Venezuela arbitration award
A U.S. appeals court said a lower court judge erred in entering a judgment to enforce the $1.6-billion award, since reduced to about $188-million.
Katainen suggests dropping investment from trade deals
The European Union could drop investment from major free trade deals in an effort to ease ratification, Commission Vice President Jyrki Katainen.