investor-state disputes | ISDS


TPP & ISDS: new tests for India
For India, the U.S.-driven Trans Pacific Partnership will skew investment and intellectual property rights, and especially the debate over the Investor State Dispute System which allows companies to challenge soverign rights and public policy.
India adopts arbitration law reforms
In a significant development for Indian arbitration law, the President of India has formally adopted the Arbitration and Conciliation Ordinance 2015, which will bring about major and long-awaited reforms to arbitration in India.
ICSID tribunal renders interim decision on Ecuador’s environmental counterclaim in long-running dispute
Perenco Ecuador Limited (Perenco)—a French-owned oil and gas company—and the Republic of Ecuador have been involved in arbitration since 2008 under the France–Ecuador bilateral investment treaty (BIT).
Thai government lifts total ban on arbitration clauses in state contracts
A recent Thai Cabinet resolution relaxes the restriction on arbitration clauses in some public contracts.
The new gold standard? Empirically situating the TPP in the investment treaty universe
The TPP investment chapter offers few truly novel features and is instead heavily influenced by prior American treaty practice.
EU tables official TTIP investment text, with changes on parallel claims
The new European Union proposal for an investment chapter in the TTIP is mostly identical to the draft chapter Brussels released but makes what could be significant changes to how parallel claims are handled and tightens rules on arbitrator conduct.
Does the EU’s “Investment Court System” put an end to ISDS?
Professor Gus Van Harten, Osgoode Hall Law School, and Rupert Schlegelmilch, European Commission, Directorate General for Trade discuss the European Commission's proposed “Investment Court System”.
Why is Philip Morris International Inc. suing these countries?
Philip Morris is dragging countries with tight tobacco regulations into costly legal battles.
Could haze in Asia give rise to treaty claims?
The smoke haze that has engulfed Singapore, Malaysia and other parts of Southeast Asia for two months could violate international law and be the subject of an investment treaty claim against Indonesia.
Correa: Ecuador has nearly reached agreement on payment to Oxy
President Rafael Correa said that Ecuador had "practically" reached agreement on the payment of compensation to U.S. oil company Occidental Petroleum.