investor-state disputes | ISDS


Trade deal ups risks in Chinese firm’s takeover of seniors’ care giant
FIPA means province could be blocked from improving care standards for residents.
As Trump quashes TPP, Canada pushes pact with India
But Ottawa’s stance on model investment treaty has New Delhi worried
India should not let Europe undermine its new BIT and TRIPs flexibilities for medicines
There is no principled basis for EU’s demand of extending patent protection beyond the period of 20 years.
Europe pushes ahead with controversial Canadian trade deal, opens door for tar sands
The trade deal could facilitate energy companies suing Member State governments when environmental policies threaten their profits.
Cyprus and Greece lock legal horns over bail-in
Greek investors claim that they were discriminated against and lost millions in the bail-in of Cypriot bank deposits some four years and have launched legal action against Cyprus.
ICSID orders Ecuador to pay $380 million to U.S. oil exploration company over investment treaty violations
An arbitration tribunal has ordered Ecuador to pay a ConocoPhillips’ wholly-owned subsidiary nearly $380 million and ordered the company to pay Ecuador $42 million in response to the Republic’s counterclaim
Investment arbitration: a strange beast
The criticism of ‘double hat’ – arbitrator and counsel – is legitimate and needs to be addressed.
Investor-state dispute settlements: great for business, risky for the environment
What makes ISDS divisive is it exposes governments to potentially expensive private arbitration by foreign corporations who feel that environmental protection measures impede their business.
Yukos saga continues as Russia bound by provisional application of Energy Charter Treaty
The latest award on jurisdiction conflicts with the ruling of a Dutch court which overturned an earlier award of US$50 billion in favour of the former majority shareholders of Yukos.
Freeport's threat of arbitration simply a ploy to block mining reform
International arbitration within the investor-state-dispute settlement (ISDS) mechanism has become a powerful weapon exploited by MNCs to circumvent national regulations and bully governments