investor-state disputes | ISDS


TC Energy loses $15-billion NAFTA lawsuit against US
The welcome decision shines a light on Canada’s flawed defence in similar investor-state case against Canada.
When investors subvert states
Imagine a scenario where a private company effectively creates and controls its own jurisdiction within a sovereign country. This company introduces its own currency, enacts laws, and establishes courts, prisons, police forces and even intelligence services.
Why Switzerland is diverging from Europe on a key energy treaty
The European Union will withdraw from the Energy Charter Treaty, an international agreement that protects investments in coal and oil. But Switzerland is sticking to the agreement which scientists considered incompatible with climate goals.
Court ruling exempts Colombia from compensating Eco Oro Minerals Corp
A court exempts Colombia from paying the Canadian Eco Oro Minerals Corp a compensation for the banning of gold exploitation in the northern Santurban wasteland.
Panama’s reckless gamble with foreign investments
Panama faces arbitration claims arising out of recent measures affecting foreign-owned investments in mining and other sectors, which are worth substantially more than half of its GDP.
Costa Rica wins arbitration against Canadian miner Infinito Gold
Costa Rica announced that the international litigation filed by the Canadian mining company Infinito Gold has ended after Costa Rican Justices closed the gold deposit in 2010 due to environmental impact.
Dismissal of $15 billion NAFTA legacy case on Keystone XL pipeline is welcome, but billions in egregious claims still remain
The World Bank has dismissed Canadian oil company TC Energy's $15 billion ISDS case against the US sought due to lack of jurisdiction.
Samir case : Corral Holding awarded only $150 million of claimed $2.7 billion
The ICSID dismissed most of Corral Morocco Holding's claims against Morocco, amounting to $2.7 billion, awarding the group $150 million.
Australian legal experts call for swift removal of ISDS
62 Australian lawyers and legal scholars have issued an open letter urging the Australian government to swiftly implement its policy of excluding Investor-State Dispute Settlement provisions from current and future trade and investment agreements.
S. Korea appeals tribunal order to pay $32m to US hedge fund
South Korea has filed an appeal against a ruling by a Hague-based arbitration court ordering it to pay $32 million to a US hedge fund to compensate for its intervention in the merger of two Samsung affiliates in 2015.