investor-state disputes | ISDS


ICSID arbitrators turn investment treaty into insurance policy against terrorism
The consequence of this decision is that investors would likely be put above all other victims of terrorism and related political violence in conflict areas. That is shocking from the perspective of international justice.
Stop RCEP. Trade for the People. Not for Corporate Elites
People Over Profit Statement on the 17th Round of Negotiations of the Regional Comprehensive Economic Partnership (RCEP) in Kobe, Japan 27 Feb-3 March 2017
South Africa: Draft regulations on mediation rules for investor-state disputes
Since 2012, South Africa, dissatisfied with its bilateral investment treaties (BITs), has either been terminating or non-renewing several of these.
Arbitration. Challenge to Republic of Argentina v. AWG Group Ltd. arbitration award
District court denies request to vacate award, finding that arbitrator was not partial and that tribunal did not exceed its authority in awarding damages for lost profits.
Facing the next BIT negotiations: Argentina’s approach to the FET standard
After 15 years of absence in this type of negotiations and several claims the country faced since the economic and financial crisis of 2001, Argentina sat again in the BIT negotiation table.
Jurisdiction of investment tribunals over host states’ counterclaims: wind of change?
Two recently finalized cases against Latin America states provide several noteworthy points for further debates on the host states’ counterclaims towards investors.
On the issues raised by the Canadian side on MFN-forward
Sitharaman clarified that the negotiation should not get lost in peripheral issues and should focus on bringing in promotion and protection elements.
Arbitrator rules Egypt must compensate EMG
The international arbitration panel ruled that Egypt failed to protect the Sinai pipeline from terrorists.
A new NAFTA, but not necessarily a better one
NAFTA has its fair share of critics who want to see it updated. But if Trump has his way, a re-negotiated agreement may prove disappointing.
RCEP investment chapter presents a grave threat to access to medicines
Médecins Sans Frontières (MSF) raises concerns over provisions under negotiation in the RCEP investment chapter that threaten to restrict access to affordable medicines for millions of people