investor-state disputes | ISDS


CAB urges energy ministry for not signing Energy Charter Treaty
The Consumers Association of Bangladesh (CAB) submitted a petition, signed by 25,720 persons, urging the energy ministry for not signing the Energy Charter Treaty as the signing of the treaty will affect the public interest and the nation's energy sector.
Hungarian oil giant MOL to sue Slovak government for windfall tax
MOL and its Slovak subsidiary Slovnaft are working on a lawsuit against the government for the new windfall tax which aims to raise funds to help with expensive energy for more affected industries and households.
The secretive legal weapon that fossil fuel interests use against climate-conscious countries
Investor-state dispute settlements increasingly allow oil and gas investors to sue countries over their climate policies.
Energy Charter Treaty: How it drove up the costs of the German coal phase-out
This briefing highlights the role the Energy Charter Treaty (ECT) has played in the German coal phase-out. It reveals that the ECT has influenced the coal phase-out in two important ways.
Revisiting the BITs of Bangladesh
Bangladesh as a capital importing country must tailor the four core provisions of BITs namely – fair and equitable treatment; expropriation; non-precluded measures; and monetary transfer provisions to safeguard its regulatory power as host state.
The originality of outsiders: Innovation in the investment treaty system
Individuals who have not spent their careers within the field of investment arbitration (and are perceived as ‘outsiders’ by those within that field) have developed more disruptive reform proposals while arbitral insiders have typically proposed sustaining reforms.
Canada ISDS roundup
Just before Christmas, Canadian copper miner First Quantum, in an ongoing spat with the Panamanian government over royalties, launched two ISDS cases against the state.
Three amigos or fair-weather friends?
This week’s North American Leaders’ summit is soured by dubious challenges to Mexican food and energy sovereignty.
Bolivia found liable for violating the FET standard and the prohibition to adopt arbitrary measures when implementing nationalization on the pension system
The tribunal rejected Bolivia’s objection on jurisdiction and, on the merits, found that Bolivia had breached the FET standard and the prohibition to adopt arbitrary measures. BBVA was awarded USD 94.8 million in damages.