investor-state disputes | ISDS


Foreign investor protection and climate action: a new price tag for urgent policies
Foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate.
Rights for business, not for people: the EU agenda
This report explains how the European Union is aggressively pursuing special rights for businesses whilst hampering efforts to hold corporations responsible for the human rights violations they commit.
Latin American Parliament supports Ecuador against US oil company
The resolution calls for an international forum on the implementation of measures to better protect the rights of sovereign countries from exploitative multinationals.
TPP & ISDS: new tests for India
For India, the U.S.-driven Trans Pacific Partnership will skew investment and intellectual property rights, and especially the debate over the Investor State Dispute System which allows companies to challenge soverign rights and public policy.
India adopts arbitration law reforms
In a significant development for Indian arbitration law, the President of India has formally adopted the Arbitration and Conciliation Ordinance 2015, which will bring about major and long-awaited reforms to arbitration in India.
ICSID tribunal renders interim decision on Ecuador’s environmental counterclaim in long-running dispute
Perenco Ecuador Limited (Perenco)—a French-owned oil and gas company—and the Republic of Ecuador have been involved in arbitration since 2008 under the France–Ecuador bilateral investment treaty (BIT).
Thai government lifts total ban on arbitration clauses in state contracts
A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts.
The new gold standard? Empirically situating the TPP in the investment treaty universe
The TPP investment chapter offers few truly novel features and is instead heavily influenced by prior American treaty practice.
EU tables official TTIP investment text, with changes on parallel claims
The new European Union proposal for an investment chapter in the TTIP is mostly identical to the draft chapter Brussels released but makes what could be significant changes to how parallel claims are handled and tightens rules on arbitrator conduct.
Does the EU’s “Investment Court System” put an end to ISDS?
Professor Gus Van Harten, Osgoode Hall Law School, and Rupert Schlegelmilch, European Commission, Directorate General for Trade discuss the European Commission's proposed “Investment Court System”.