investor-state disputes | ISDS


Panthera Resources notes passing of new minerals bill in India, presses on with litigation in regard to Bhukia
The company has appointed a leading international law firm to advise the company of its legal options, and in particular, the Australian Bilateral Investment Treaty.
Ascent Resources starts arbitration process against Slovenia, claims over €100mn damages
The British company pursues its investment treaty claim under the UK-Slovenia bilateral investment treaty and the Energy Charter Treaty.
A new environmentalist playbook
An improbable victory in El Salvador offers lessons for grassroots activists worldwide.
India files appeal against $1.4-bn Cairn arbitration award
India is believed to have challenged in a court in The Hague an arbitration tribunal verdict that overturned its demand for ₹10,247 crore in back taxes from Cairn Energy Plc -- the second time in three months that it has refused to accept an international award against retrospective tax.
Malawi becomes latest state to accede to New York Convention
Malawi has become the 167th country to accede to New York Convention which governs the recognition and enforcement of arbitral awards made in other countries.
Egypt's Damietta liquefaction plant agreement enters into force
The Egyptian Ministry of Petroleum and Mineral Resources announced the entry into force of the agreement related to the Damietta Liquefaction Plant, and the settlement of all claims.
India has till mid-April to appeal against Cairn award on limited ground
India has time till mid-April to file an appeal against an international arbitration tribunal ordering it to repay UK's Cairn Energy Plc USD 1.2 billion-plus interest and cost, but the challenge can only be on limited grounds such as procedure not being followed.
Reforming the investment treaty regime: A ‘backward-looking’ approach
A plurilateral “interpretative statements,” whereby governments endorse joint statements clarifying and defining their positions on contentious clauses in their existing investment treaties would be a practical, flexible and low-cost option.
Nigeria’s lawsuits against Shell could cause oil major exodus
Nigeria has unleashed one of the most spectacular legal attacks on one of its key oil and gas investors, to an extent previously unseen in the country’s more than 60 years of hydrocarbon production.
To what extent will the AfCFTA impact the number of ISDS cases involving African States?
Only 21% of cases administered by ICSID involve African investors, however, this may change with the introduction of AfCFTA, and we may begin to see more disputes involving African investors and African states.