investor-state disputes | ISDS


In for messy litigation
Several local newspapers misread the recent decision by the Washington-based International Center for Settlement of Investment Disputes (ICSID) as a verdict forcing the Indonesian government to pay over US$1 billion in compensation to the plaintiff, London-listed Churchill Mining Plc, in regard to its coal mining concessions in East Kalimantan.
Repsol in $5 billion settlement with Argentina
Repsol, the Spanish oil company agreed to a $5 billion compensation deal with Argentina for the seizure of the company’s operations in that country, ending a bitter two-year dispute.
Churchill Mining announces tribunal rejection of Indonesia challenge
The thermal coal producer said the International Centre for Settlement of Investment Disputes rejected Indonesia's jurisdictional challenges and it can now pursue claims for damages under the respective Bilateral Investment Treaties Indonesia entered into with the United Kingdom and Australia.
Text of Korea-Australia FTA released – ISDS provisions revealed
The text of the Korea-Australia Free Trade Agreement (KAFTA) was released on 17 February 2014, following the conclusion of negotiations on 5 December 2013.
ISDS: the devil in KAFTA's detail
The Korea-Australia Free Trade Agreement (KAFTA) opens up the potential for Korean-domiciled corporations to sue Australian governments - federal, State and local - over decisions that a company believes to have unfairly affected investments they have made in Australia.
Assessing the exposure of Asian states to investment claims
Although some IIAs have generated a few disputes for technical reasons, it is rather predictable that Asian states are currently entering an era in which foreign investors are likely to multiply claims.
Karkey files another $2.1b damages claim against Pakistan
Karkey Karadeniz Electricity Production Corporation (Karkey) has filed a memorial to the World Bank’s International Centre for Investment Disputes (ICSID) claiming $2.1 billion damages against government of Pakistan.
EU-Canada free trade deal ‘opens door to environmental lawsuits’
Multinationals will have wide-ranging powers to sue EU states that enact health or environmental laws breaching their "legitimate expectations" of profit, according to a leaked ‘investment chapter’ from the Canada-EU free trade agreement. A separate ‘nature and scope’ document for EU-US free trade talks, which EurActiv has seen, makes clear that similar parameters are foreseen for TTIP.
Investor-state dispute settlement under TTIP - a risk for environmental regulation?
New report from the Heinrich Boell Foundation reviews the implications of an investor-state dispute settlement provision in TTIP for environmental policies and standards
Stir over end to trade deals fades
A stir greeted last year’s announcement by the South African government that it would not be renegotiating bilateral investment agreements with major trading partners such as the EU. However, it now seems as if a lot of dust has settled around the Promotion and Protection of Investment Bill, which is set to replace the agreements.