investor-state disputes | ISDS


Protecting against investor–state claims amidst COVID-19: A call to action for governments
Governments are facing an imminent threat of investor–state arbitration as they take difficult decisions to support public health systems in a time of severe economic stress.
Silent expansion
Many countries, particularly in the global south, are in the process of joining the Energy Charter Treaty despite the sweeping powers it grants to foreign investors.
Axiata unit pays US$185mil outstanding tax
Axiata said the payment was made under protest and will seek remedies including restitution of sums already paid in the international arbitration proceedings.
Receipt of LOI for litigation funding
Ascent Resources Plc, the onshore European and Caribbean / Hispanic American oil and gas company, has received a Letter of Intent for up to €3 million of potential litigation funding in Slovenia.
Brazil India investment cooperation and facilitation treaty (2020)
This is Brazil’s 10th and India’s 4th bilateral investment agreement since both nations had adopted their Model Bilateral Investment Treaty.
Investment treaty claims in pandemic times: Potential claims and defenses
States around the world have taken a variety of measures seeking to stem the spread of COVID-19. It is likely that some foreign investors may seek relief and/or compensation for any losses resulting from State measures.
We need to talk about valuation in ISDS
Investors are receiving monetary damages that they would not be entitled to outside of ISDS, on the basis of an unjustified and highly reductive understanding of value.
Epidemic sovereignty? Contesting investment treaty claims arising from coronavirus measures
Allegedly arbitrary or disproportionate measures, albeit in the public interest, provide regular grist for the mill of investment treaty arbitration.
Covid-19: Why India doesn’t need to worry about investor-State dispute settlement claims
In order to halt the spread of the coronavirus pandemic (Covid-19) and to boost the public health care system and preparedness, India has taken several regulatory steps.
Zimbabwe’s white farmers angered by ‘racist’ edict
The group, representing nearly 4,500 dispossessed commercial farmers, said the new regulations only affect ‘’indigenous’’ farmers and foreigners protected by Bilateral Investment Treaties (BITs).