investor-state disputes | ISDS


Maximising investment protection in Africa: the role of investment treaties and investment arbitration
In recent years, many African governments have made an effort to improve foreign investors’ protections by entering into many BITs and related agreements with non-African countries
What’s at stake: South Korea vs Lone Star Funds
For those uninitiated in the world of international arbitration, below is the primer of the issues at play in the South Korea-Lone Star Funds arbitration.
AFTINET: Reply to the Department of Foreign Affairs and Trade Myths and Realities document, June 2015
The Australian government misrepresents the claims of critics and fails to address substantial criticisms of the Trans Pacific Partnership, says civil society network AFTINET.
India rejects Cairn’s arbitration on tax dispute
The government of India has rejected Cairn Energy UK's plea for an arbitration over Rs 10,247-crore tax dispute saying taxation is not covered under the UK-India Investment Promotion and Protection Treaty.
ISDS: Who wins more, investors or states?
Despite the oft-heard refrain that “states ‘win’ ISDS disputes more often than they lose,” it is the investors that have actually won most of the time: 72 per cent of the decisions on jurisdiction, and 60 per cent of cases decided on the merits.
Bringing community perspectives to investor-state arbitration: the Pac Rim case
Civil society organisations can play an important role in carrying and strengthening community voices in arbitration processes, by making submissions to arbitral tribunals.
China-Australia FTA - the devil in the detail
While the legal text of the China-Australia FTA (ChAFTA) was signed last week, the investment legal framework will be reviewed within the next three years with a view to commencing negotiations for a comprehensive Investment Chapter to be included in ChAFTA.
Analysis: OceanaGold vs El Salvador: Foreshadowing 'trade' under the TPP?
The Central American country of El Salvador could be forced to pay US$301 million to Canadian-Australian mining multinational OceanaGold as the two face off in a World Bank investor-state tribunal with proven tendency to favor corporate interests over arguments for protecting national sovereignty, the environment, and human rights.
TUC General Secretary calls time on ‘zombie trade deals’
TUC General Secretary, Frances O’Grady, will call time on ‘zombie trade deals’, when she addresses the European Commission Trade Policy Day in Brussels today (Tuesday).
Half-baked China-Australia Free Trade Agreement is lopsided
Remarkably, the Australian government has given Chinese companies a general right to buy resources and other assets in Australia – so-called market access – without getting the same right for Australian companies in China.