investor-state disputes | ISDS


Leaked trade papers expose EU failure to uphold transparency and environment standards
A leak of documents related to a looming trade deal with Japan (known as JEFTA) has revealed the EU’s failure to live up to improve transparency and uphold environmental standards in trade policy promises.
Appeal allowed in EU state aid battle
The High Court has granted two investors permission to appeal a decision that stayed enforcement of a dispute resolution award, in a case that centres on EU rules surrounding state aid.
Expansion of the Energy Charter to Africa and Asia: Undoing reform in international investment law?
The Energy Charter Secretariat is in expansion mode, wanting to gain access to energy resources in Africa and Asia for its current—mostly developed country—members, and extending a far-reaching (and outdated) investment protection system to investments in resource-rich countries.
The 835 reasons not to sign trade and investment agreements
A democratic decision to regulate a privatised essential service or to return it to public control could potentially trigger international investment arbitration if a country is bound by an international investment treaty.
Chevron Corp. wins court battle against Ecuadorian villagers
Chevron is victorious after the Supreme Court declined to hear a case made against the company by a NY lawyer representing Ecuadorian villagers.
Venezuela mines for a reversal in federal appeals court
Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals.
Investor sentiment of the revised Mining Charter 2017 at breaking-point
The Revised Mining Charter 2017 could, in respect of certain provisions thereto, result in BIT guarantees for qualifying foreign investors being infringed.
Phase 2 of IIA reform: Modernizing the existing stock of old-generation treaties
International investment agreement (IIA) reform has made significant progress.
Could the US withdrawal from the Paris Agreement spur ISDS claims?
It is still unclear what the withdrawal from the global climate deal really means, but some lawyers are already saying that the decision might lead to international arbitration claims against the US.
Cairn tax dispute: I-T dept confiscates dividend, refund
The Income Tax Department has ordered coercive action against Cairn Energy of UK, including taking away over Rs 2,000 crore dividend and tax refund, to recover part of the Rs 10,247 crore retrospective tax.