investor-state disputes | ISDS


Do international trade and investment agreements generate regulatory chill in public health policymaking? A case study of nutrition and alcohol policy in South Africa
Given the potential for wider use of the ISDS mechanism, strategies to protect public health policy space in the context of both international trade and investment treaty and dispute settlement contexts remain important.
Talos Energy files notice with Mexico over disputed oil field
Houston-based Talos Energy intends to fight the decision by the Energy Ministry to designate the state oil company Pemex as the operator of the Zama field, which contains almost 700 million barrels of oil.
Cairn accepts $1 billion refund offer, to drop cases against India within days: CEO
Cairn Energy will drop litigations to seize Indian properties in countries ranging from France to the US, within a couple of days of getting a $1 billion refund resulting from the scrapping of a retrospective tax law.
Cortec v Republic of Kenya: Cautionary tale on local due diligence for international mining projects
These decisions have the potential to significantly impact companies with current and future mining and development licences where there are questions around environmentally sensitive areas.
New ISDS case map launched
The map is an interactive tool that brings together 60 significant ISDS cases globally to support social movements, researchers, journalists and policy makers to analyse the impact of the ISDS mechanism.
Examining trade disputes in AfCFTA agreement: The need to engage private sector in Nigeria
AfCFTA roundtable brought together business leaders, academia, government representatives, trade, and legal experts to discuss and deliberate on dispute issues in implementing the agreement in Nigeria.
Companies cannot use ECT to sue governments for climate progress, top court says
Environmental organisations have hailed a court decision that could mean the end of a little-known legal mechanism that poses a massive threat to climate action.
Costs, damages and duration in investor-state arbitration
This study examines over 400 investor-State cases, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of damages awarded.
Argentina sued before New York court for debts related to the expropriation of Aerolineas Argentinas
The investment fund Titan Consortium has taken legal steps after the expropriation of Aerolineas Argentinas in 2008, which resulted in an arbitration award against Argentina.
Problematising the relationship between mining, development and foreign investment in Colombia
The new resource extraction regime continued to consolidate through the approval of new development plans, new standards, and the signing of international investment agreements.