investor-state disputes | ISDS


The ‘climate killing’ clauses helping companies sue governments for climate action
If you’ve never heard of ISDS (investor-state dispute settlement) that’s not surprising. ISDS operates in the shadows. It’s a mechanism for solving disputes between parties in cases of foreign direct investment while offering legal protections for the investor. The investment is typically provided by a private company to a foreign ‘host state’.
Uncitral Working Group III reaches notable milestones in recent New York meeting
United Nations Commission on International Trade Law ("UNCITRAL" or "Commission") Working Group III finalized provisions on the use of mediation in ISDS.
ICSID Tribunal upholds jurisdiction over an intra-EU Dispute
This case concerns a dispute between Cavalum SGPS, S.A and the Kingdom of Spain about changes introduced by the respondent to the regulatory and economic regime for renewable energy projects.
A US fund declares Spain in “technical default” and claims almost 1,000 million government bonds
The US fund Blasket Renewable Investments has activated the “default” clause that declares Spain at “technical impact” after the Government has not yet paid the pending awards for the cuts in the premiums for renewables.
Spain tells World Bank it will not pay €2-billion ICSID awards for renewable energy debts
The World Bank has sent a de­vas­ta­ting letter to the Spanish go­vern­ment to de­mand pay­ment of the awards that con­demn our country to com­pen­sate the in­ves­tors af­fected by the re­tro­ac­tive with­drawal of the pre­miums granted to re­ne­wable ener­gies.
Italy: Rockhopper provides an update on its ICSID arbitration with Italy
Tribunal orders Rockhopper & Italy to mitigate the risk of non-recoupment by Italy with the anticipation of the Stay being lifted.
Green light for enforcement of investor-state arbitration award in Australia
The decision recognised and enforced an ICSID arbitration award obtained by a renewable energy investor against the Spanish Government for €101 million.
Albania moves to establish local arbitration court to replace ICSID
Despite warnings that it could deter investment, Albania is pushing ahead with plans to establish a local commercial court to replace the World Bank-funded international arbitration body.
Public services in the crosshairs
The impacts of investment protection regimes on the public services sector in Latin America and the Caribbean.
Air Tanzania aircraft may be seized over $100 million mining compensation claim
Australian-based exploration company Indiana Resources has threatened to attach one of Air Tanzania's aircraft to force the Tanzanian government to pay nearly $100 million as compensation for a failed nickel project.