investor-state disputes | ISDS


Politics of investment treaty arbitration
The paper outlines and contextualises the past and current political drivers and effects of investment treaty arbitration.
Taming the “mercantile adventurers”: third party funding and investment arbitration – A report from the 14th annual ITA-ASIL conference
The role of third party funding in investment arbitration raises unique concerns for policy-makers because, ultimately, a State’s taxpayers will be liable for satisfaction of any award favoring the claimant.
Trading with Trump – What we can expect from a UK-US trade deal
A new briefing has outlined the likely elements of a UK-US trade deal and argues that it would contain more extreme forms of all the controversial elements of the deal that was being negotiated between the EU and the USA.
The Reko Diq mystery
The final amount of damages payable to TCC in the Reko Diq case may carry serious implications for future development projects in Balochistan.
Canada’s Gran Colombia Gold files $700 million lawsuit against Colombia over Marmato project
Canadian miner Gran Colombia Gold has filed a US$700 million lawsuit against Colombia under the Colombian-Canadian free trade agreement after the government ordered the company to cease operations at the El Burro site in Marmato.
Corporate sovereignty used to bully Ukraine, Colombia and Italy for protecting public health and the environment
ISDS is an attempt to remove the risk of investment from companies, and place it squarely on the public's shoulders, without any quid pro quo.
Ukraine challenges court ruling to enforce payment of $144 mln awarded to Tatneft in Ukrtatnafta case
Ukraine will use all legal mechanisms seeking invalidation of the international arbitration court's ruling ordering Ukraine to pay Tatneft $144 million.
Dispute settlement becomes speculative financial asset
ISDS provisions of investment treaties, free trade and other agreements have increasingly provided an investment opportunity to make money by speculating on lawsuits.
Churchill gets provisional stay on tribunal award
Churchill filed an annulment application after an ICSID Tribunal granted Indonesia's application to dismiss the company's claims for damages following the revocation of mining licences.
Treating intellectual property as an investment, and subjecting it to treaty arbitration, can have undesirable impact
Free trade agreements tend to treat intellectual property as an investment made by investor corporations, allowing private investment disputes to be raised against the host country.