investor-state disputes | ISDS


Legitimate expectations in the absence of specific commitments according to the findings in Blusun v. Italy
Is there inconsistency among the tribunals in the solar energy cases?
New developments in the dispute between Pey Casado and Chile
In the last few months, the long-lasting dispute between Mr Pey Casado and the Foundation Presidente Allende and the Republic of Chile has seen numerous developments.
What to do about corrupt arbitral tribunals?
That concern is a real and serious one, but there is also a more direct and crude problem: parties (or their lawyers) bribing, or making backdoor deals with, the arbitrators to secure a favorable outcome.
Duterte’s RCEP push at ASEAN, implications on Philippines economy & development
The more far-reaching implication of RCEP is for Philippines's sovereignty in regulating foreign investments
Crystallex moves to seize Petroleos de Venezuela Holding & Citgo
Crystallex -- owed $1.4 billion for the expropriation of its Venezuela mining subsidiary -- has moved U.S. Federal Court in Delaware to seize Petroleos de Venezuela Holding, the parent company of PDVSA's American unit Citgo Holding.
«Le moratoire de Québec était légitime», dit le Centre québécois en droit de l'environnement
Québec était en droit d’instituer un moratoire sur la fracturation hydraulique et Ottawa ne devrait pas compenser Lone Pine.
Business groups to the administration: Keep ISDS in NAFTA
More than 100 U.S. business groups and associations are pushing the Trump administration to not only preserve investor-state dispute settlement and related provisions in an updated NAFTA agreement but to also strengthen them to further protect intellectual property and interests.
NAFTA renegotiation: ISDS reform objectives
ISDS reform is one of several “negotiating objectives” announced last month by the Office of the United States Trade Representative.
BUCG v. Yemen decision clears jurisdictional hurdles for investment claims by Chinese state-owned enterprises under the ICSID Convention
The Tribunal dismissed Yemen’s allegations that state-owned enterprises in the PRC were precluded from bringing claims under the ICSID Convention.
The Bilcon NAFTA tribunal: a clash of investor protection and sustainability-based environmental assessments
The Bilcon tribunal ruling raises a number of concerns about the ability of investor protection tribunals to properly assess whether a foreign investor has been treated fairly under a domestic environmental assessment process.