ISDS Case Map
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A lawsuit by Vattenfall is also still pending before the International Centre for Settlement of Investment Disputes (ICSID), concerning several billion euros for the permanent closure of Krümmel and Brunsbüttel.
The treaty is incompatible with the EU’s climate commitments and the current modernisation process will not fix this, as the necessary reforms are either opposed by other contracting parties or not being discussed.
The working papers focus on an appellate mechanism and enforcement issues and the selection and appointment of ISDS tribunal members.
Given the dynamic relationship between the protection of foreign investment and human rights, investors wishing to rely upon investment treaty provisions should fully integrate human rights considerations into their investment decisions and operations.
Eni’s threat to drag Nigeria to an international arbitration hearing appears to be a negotiation tactic to reduce the final bill.
The tribunal rejected the investor’s claims of expropriation, breach of standard of FET, breach of standard of full protection and security, and breach of standard of non-arbitrary or discriminatory measures.
The tribunal dismissed all claims on merits, apart from the claim under national treatment, which was considered outside the tribunal’s jurisdiction.
Does moving online mean more governments and more officials participate? Or does it lessen the prestige and priority of the negotiations, leading to less engagement by key officials?
15 highly active respondent countries with net ISDS losses cumulatively account for USD 14.8 billion in net outcomes through 2017.
Tanzania has enacted significant changes to the legislation governing foreign investment in natural resources with the aim of ridding the sector of the vestiges of “colonial” relationships.
