investor-state disputes | ISDS


Cairn Energy adds $249 mn to compensation claim in retrospective tax dispute
UK-based Cairn Energy Plc has increased its compensation claim by $249 million in the retrospective dispute case after the income tax department adjusted tax refund due to the oil explorer towards settlement of its tax liabilities.
THAAD reprisals undermine China FTA
China has shown no hesitation in disregarding its obligations under the free trade agreement with South Korea to take retaliatory measures against the deployment of a US missile defense system in the peninsula, say Korean media
Slovakia wins international arbitration on talc mining licence
But the complainant has not had his last word.
Case C 142/16 Commission v Germany: the Habitats Directive meets ISDS?
Recently, the ECJ has found Germany in breach of its obligations under the Habitats Directive for authorising the operation of a coal-fired power plant near Hamburg.
Poland looks to block part of EU, Canada trade deal
Poland is looking to block part of the Comprehensive Economic and Trade Agreement (Ceta) between the EU and Canada, over concerns for a planned mechanism for resolving disputes.
CSOs challenge PH trade negotiators: Take Philippines out of RCEP!
Philippine civil society groups and social movements stand together to oppose RCEP
Belgium asks European Court on legality of investment protection in CETA
Belgium has requested an opinion from the European Court of Justice on the 'Investment Court System' included in the EU-Canada trade deal, to determine if the ICS is compatible with the European Treaties
Singapore court sets aside award against Lesotho
The Singapore High Court has set aside an investor-state arbitral award on the merits against the Kingdom of Lesotho. The case is an important one, as it concerns whether investors can use arbitration to resolve cases that were pending before the SADC Tribunal when it was dissolved by the SADC Summit in 2014.
Would Vodafone comply with Delhi high court order?
The Delhi high court has passed an ex-parte order restraining Vodafone Group Plc. from proceeding with arbitration under the India-UK Bilateral Investment Protection Agreement (India-UK BIPA). However, it remains to be seen whether Vodafone would comply with this order of the court.
Romanian Unesco site proposal may be halted to allow gold mining
Romania’s prime minister has suggested his government will withdraw an application to have the Roman gold-mining area of Roșia Montană declared a Unesco world heritage site, potentially reviving controversial plans to resume mining.