investor-state disputes | ISDS


Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine
The Tribunal found that Eli Lilly had failed to demonstrate that the promise doctrine constitutes a fundamental or dramatic change in the utility requirement under Canadian patent law or that the promise doctrine is arbitrary and/or discriminatory.
Renco failed to comply with formal waiver requirement under US–Peru Trade Promotion Agreement
Renco alleged that Peru breached its TPA obligations to afford fair and equitable treatment and national treatment, as well as certain contractual obligations.
TransCanada Keystone XL rejection lawsuit dropped - arbitrator
Transcanada Corp's legal challenge against the United States over its past rejection of Keystone XL pipeline has been dropped.
Romania - the end of intra-EU bilateral investment treaties
The law approving the termination of agreements on mutual promotion and protection of investments concluded by Romania with other Member States (Intra-EU BITs) was published in the Official Gazette.
International investment law and arbitration: a conceptual framework
Investor-state dispute settlement (ISDS) has become the most controversial form of international litigation.
ICSID tribunal dismisses claims brought against Indonesia based on forged mining licences
The tribunal considered all claims inadmissible, ordering the claimants to bear all arbitration costs and to reimburse 75 per cent of Indonesia’s legal expenses.
Place of arbitration in the proposed “investment court” scenario: an overlooked issue?
The place of arbitration matters because the law at the place of arbitration determines the procedural frame for the arbitration and therefore may have important consequences.
Reko Diq project: Balochistan likely to pay $350m in out-of-court settlement
The ICSID tribunal rejected Pakistan's final defence against liability, and confirmed that Pakistan had violated several provisions of its bilateral investment treaty with Australia.
Rockhopper launches arbitration claim against Italy
Rockhopper Exploration is fighting for compensation from Italy after it banned offshore drilling, leaving the company unable to develop one of its oil and gas fields.
PCA tribunal dismisses expropriation and FET claims concerning an eco-touristic venture
A tribunal under the auspices of the Permanent Court of Arbitration (PCA) dismissed all claims by Canadian businessman Peter A. Allard against Barbados.