investor-state disputes | ISDS


Is investor-state dispute settlement an appropriate forum for the resolution of investment disputes arising from armed conflicts? Part 2: the quest to find a just and equitable remedy
ISDS is an unsuitable forum for the just resolution of investment disputes founded on the consequences of armed conflict.
Is investor-state dispute settlement an appropriate forum for the resolution of investment disputes arising from armed conflicts? Part 1: normative conflicts and consequences
Unsatisfyingly, ISDS permits international investment law to exist in a vacuum that enables those tasked with adjudicating disputes to turn a blind eye to international humanitarian law norms.
The Energy Charter Treaty has not aged well
Despite warnings that new oil and gas fields must be banned for the world to decarbonise by 2050, treaty signatories will protect fossil fuel production for at least another decade.
Nigeria eyes global energy charter for investments
Nigeria is targeting to be part of the International Energy Charter (IEC), a global community that will enable it to attract Foreign Direct Investments (FDI) to accelerate power sector development.
Croatia loses international arbitration against Hungary’s MOL over gas business
Croatia has lost an international arbitration case launched by Hungarian oil and gas group MOL over Zagreb’s failure to fulfil obligations under an agreement about the gas business of the jointly owned Croatian oil company INA.
Bahrain found liable for indirect expropriation for putting Iranian-controlled Future Bank under administration
A tribunal awarded a sum of EUR 243 million plus interest to Bank Melli Iran and Bank Saderat Iran in their investor–state dispute against the Kingdom of Bahrain.
NAFTA tribunal in Westmoreland v. Canada declines jurisdiction, finding that the claimant did not own or control the investment at the time of the alleged breach
The dispute pertained to an investment made by Westmoreland Coal Company, a US‑incorporated company, in two Canadian enterprises in April 2014.
OECD conference on investment treaties and climate change policy
Experts took particular concern with the fact that most investment treaties do not oblige arbitrators to take into account international agreements on climate change when adjudicating cases.
ITACO launches multi-billion dollar arbitration against Vietnam
Tan Tao Investment & Industry Corporation launched a billion-dollar arbitration proceeding against Vietnam under the agreement between the United States and the Socialist Republic of Vietnam.
Ascent starts mediation process in Slovenian partner dispute
UK-listed Ascent Resources and its Slovenian joint venture partner Geoenergo have initiated the mediation process under a dispute resolution mechanism.