investor-state disputes | ISDS


FIPA license to treat Canadians
The Canada-China Foreign Investment Promotion and Protection Agreement (FIPA), ratified in 2014, is a license to be unfair to Canadians.
Why Argentina's petition to vacate an wward in AWG Group Ltd v. Republic of Argentina matters for future arbitrations
Argentina filed with the U.S. District Court for the District of Columbia a petition to vacate an UNCITRAL arbitration award, which could have broader implications for determining partiality of arbitrators.
Canada-China trade pact puts our sovereignty at risk
In his new book Gus Van Harten argues that FIPA shows that Canada can be too eager to compromise its economy, long-term, in the hope of a quick buck now.
As decision in Mesa v. Canada looms, investor and all three NAFTA parties weigh in on significance of Bilcon
Following Canada’s loss this March in a NAFTA dispute, Bilcon v. Canada, that decision has prompted a new round of submissions in a separate dispute, Mesa Power Group LLC v. Canada.
Reko Diq arbitration: Can there be a settlement?
We have been hearing news of the Pakistan government’s efforts to reach a settlement with the Tethyan Copper Company (TCC) in connection with the Reko Diq matter involving copper and gold reserves worth billions of dollars.
Opinion: crisis, emergency measures and failure of the ISDS system: the case of Argentina
The dozens of cases that were initiated against Argentina as a result of the outburst of one of its worst economic and financial crises in late 2001 became an often-quoted sad illustration of many of these shortcomings of the ISDS system.
International investment agreements and Africa’s structural transformation: a perspective from South Africa
The brief describes the widening debate on the implications of international investment agreements for sustainable development and outlines the broad features of alternative policy approaches to foreign direct investment
Spain facing compensation bill of billions over renewables cuts
Spain has suffered its first setback in an international arbitration process over its cuts to renewable energy subsidies.
Canadian corporations abuse investment treaties, bully governments into environmental backtrack: study
Canadian investors have exploited a controversial mechanism in international investment treaties to challenge public interest regulations in 24 different countries
Austria hit with first ICSID claim
The owner of a Vienna bank targeted by multiple fraud investigations has lodged what is thought to be the first-ever investment treaty claim against Austria