investor-state disputes | ISDS


Supreme Court recommends renegotiation of ISD clause
Controversial KORUS FTA clause could lead to ‘legal chaos’, says Korea's top legal body
Treaties that gave away the store
As India grapples with the Vodafone and 2G fallout, the Bilateral Investment Treaties it signed a few years ago are coming back to haunt it.
EU's De Gucht: Argentina Risks Jeopardizing Trade Ties
The European Union has warned Argentina that it risks jeopardizing trade ties over Buenos Aires' plans to expropriate a unit of Spanish oil company Repsol YPF SA (REP.MC) and impose a series of import restrictions and that Brussels stands ready to take retaliatory action.
Study investment provisions before an FTA says advocacy group
The country should carefully study investment provisions before entering into foreign trade agreements (FTAs) as these may infringe on government’s regulatory power on foreign firms, an advocacy group on Friday said.
Case note: How Chevron v. Ecuador is pushing the boundaries of arbitral authority
The arbitral tribunal in Chevron v. Ecuador has taken a series of steps in recent months suggesting that it has a broad view of its authority.
India plans to abolish ISD clause in FTAs
India plans to abolish the investor-state dispute system and renegotiate FTAs with South Korea, Singapore, and other countries, an Indian newspaper reported.
'We can't even manage to send a lemon to the US,' CFK
President Cristina Fernández de Kirchner questioned US president Barack Obama’s recent decision to suspend trade benefits for Argentina, while complaining that “we can’t even manage to get one of our lemons to enter the US market.”
India to oppose Vodafone's move to invoke BIPA pact
The Indian government is likely to oppose any move by Vodafone Plc to invoke the India-Netherlands Bilateral Investment Promotion and Protection Agreement (BIPA) if it is forced to cough up Rs 12,000 crore in taxes on the grounds that the investment was routed through several step down firms based in different countries and that the treaty does not cover tax disputes.
Voda seeks Netherlands treaty to snub govt, will others follow?
Fearing the Indian government will use new tax laws to trap it back around Rs 12,000 crore in taxes, the world’s largest mobile operator, Vodafone, may invoke a bilateral investment treaty between India and the Netherlands to avoid doing so.
2G: Telenor plans to invoke India-Singapore treaty
Norway's Telenor will seek 'compensation for all investment, guarantees and damages' if the Indian government fails to sort out issues related to its licence cancellation within the next six months, the company said.