zz-isds-show


Yukos v. Russia: Issues and legal reasoning behind US$50 billion awards
Yukos was created as a joint stock company in 1993 and privatized in 1995, with operations across the oil and gas sector.
Risky business or risky politics: what explains investor-state disputes?
What was once risky business for investors has become “risky politics” for states, critics argue.
Assessing the exposure of Asian states to investment claims
Although some IIAs have generated a few disputes for technical reasons, it is rather predictable that Asian states are currently entering an era in which foreign investors are likely to multiply claims.
Awards and decisions: Mohamed Abdulmohsen Al-Kharafi & Sons Co. v. Libya and others, Final Arbitral Award
Libya ordered to pay US$935 million to Kuwaiti company for cancelled investment project; jurisdiction established under Unified Agreement for the Investment of Arab Capital.
Government moves forward with plain packaging of tobacco products
There is a risk that tobacco companies will try and mount legal challenges against any legislation, as we have seen in Australia. The Government will wait and see what happens with Australia’s legal cases, making it a possibility that if necessary, enactment of New Zealand legislation and/or regulations could be delayed pending those outcomes.
Counterclaims by states in investment arbitration
It is quite common in investment arbitration for the respondent state to include in its defense to treaty claims one or more criticisms of the investor’s underlying conduct.
Renco uses U.S. - Peru FTA to evade justice for La Oroya pollution
U.S.-based Renco Group Inc. is trying to use the U.S.-Peru Free Trade Agreement (FTA) to evade justice.
A total lack of transparency
Why responsible companies and governments should avoid the revised ICC Rules in arbitrations involving states.
Cola wars beat drug wars
The award in agribusiness giant Cargill's NAFTA investor-state attack on Mexico's jobs program was published last week.
Commentary: Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses
The recent decision in Pantechniki v. Albania appears to be the only award in the public domain in which a tribunal has held a fork-in-the-road clause to have been triggered by an investor’s prior court proceedings.