investor-state disputes | ISDS


Research undermines billion euro “compensation” claims by German energy companies for Dutch coal phase-out
The claims that German energy companies RWE and Uniper have submitted in response to a Dutch law that phases out coal by 2030 are not in line with the declining value and profitability of their coal power plants in the Netherlands.
India has been short-changed by Vodafone and Cairn arbitral awards
The international economic law regime has stripped India of over $3.8 billion in taxes due by Vodafone and Cairn Energy, as the country is battling the Covid19 crisis.
Regaining sovereignty
Pakistan, which entered into its first BIT with Germany in 1959 — which also was the first BIT ever entered — has concluded 53 BITs with 48 countries.
Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other BITs
The Higher Regional Court held that there was no room for reasonable doubt that the arbitration clause in the Croatia - Austria BIT was invalid based on the rulings in Achmea.
The real cause and the hard cure for the “regulatory chill” of international investment agreements
The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
Turkey is the latest victim of a billion-dollar corporate heist
A Canadian mining company is suing Turkey for $1 billion at a secretive arbitration court over the cancellation of a mine project that was deemed disastrous for the environment.
Mexico should follow other countries and refuse excessive powers for foreign investors
Pakistan is the latest to start withdrawing from international treaties that give corporations the power to sue governments over environmental and public interest regulations.
Could COVID-19 trigger ‘localizing’ of international investment arbitration?
This brief argues for the ‘localization’ of investor-State dispute settlement (ISDS) proceedings in host States and regions where the investment is actually located.
We need to rethink investment treaties to ensure a rapid and just energy transition
It’s time to reconsider investor-state dispute settlement; inaction risks rising costs of shifting from fossil fuels to green alternatives.
Indigenous peoples’ rights and large-scale development projects: Avoiding unexpected risks in the Americas
Indigenous populations often live in territories that are earmarked for construction projects, which may lead to inevitable friction with state governments and subsequently, developers and investors.