investor-state disputes | ISDS


Huge lawsuits loom over gas market intervention
Massive compensation claims loom over the Australian government’s gas market intervention, with lawyers warning price caps and windfall profit taxes could lead to legal action under trade agreements.
Notice of intent to submit claims to arbitration pursuant to article 10.16 of the CAFTA-DR
In accordance with the Dominican Republic–Central America–United States Free Trade Agreement, Honduras Próspera Inc. and its affiliates submit to the Republic of Honduras this written notice of their intention to submit claims to arbitration.
A blistering cost
In Pakistan, the provincial assemblies will pass special resolutions, and the parliament will provide constitutional cover to a new binding document — Foreign Investment (Promotion and Protection) Act (FIPPA), 2022.
EESC backs criticism of investor-State dispute settlement (ISDS), and calls for a more holistic approach
A new model for international investment governance needs to be developed, in order to fill the significant gap between the investment system on the one hand and effective protection of labour rights and the environment on the other.
A little threat from my friends: An EU-based company contemplates taking war-torn Ukraine to investment arbitration
The Bureau of Economic Security of Ukraine (ESBU) seized the assets of one of Ukraine’s largest fuel retailers, AMIC Ukraine, the local subsidiary of AMIC Energy, an Austrian private equity firm.
COP27: Planet ransom
Andreas Malm and the Zetkin Collective concluded their book White Skin, Black Fuel by approximating decarbonisation to slavery abolition: as long as fossil fuel capital exists it will ‘resist its own abolition’, just as slaveholding capital did in the past.
ECT modernisation perspectives: unpacking the impact of the revised ECT text on dispute resolution
This article focuses on the implications of the revised text for dispute resolution under the ECT. We address the environmental focus of the anticipated reforms and conciliation of State-to-State disputes relating to sustainable development and climate change.
UNCITRAL Working Group III and the Assessment of Compensation and Damages: Thinning scope for impactful reform or an opportunity to make a difference?
In WGIII, states will need to prioritize the reforms that have the most impact in addressing their key concerns with the ISDS system.
Brussels pleads with countries to stay in the Energy Charter Treaty
EU countries are voting with their feet, quitting the investor protection pact despite the EU’s efforts to reform it – but the European Commission warns it will be worse to be outside than in.
International investment governance and achieving a just zero-carbon future
A wholly new international investment regime designed with climate and other global goals in mind could be used as a tool to accelerate the investments needed to address the climate crisis.