ISDS Case Map
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This process is likely to end with a plural solution in which both models (ISDS and a permanent court), and possibly others, exist.
This case involves a dispute between TECO, an energy company incorporated in the United States, and the Republic of Guatemala, over electricity rates.
More claims from energy companies in the coming months and years, as more states enact legislation aimed at reducing reliance on fossil fuels and change incentive programs for renewable energy providers.
The Supreme Court of Russia denied a motion lodged by Ukraine demanding reconsideration of a ruling in Ukraine’s $112 million dispute with Russia’s Tatneft oil company.
Barrick Gold Corp said it had reached a deal to settle a long-running tax dispute between Tanzania and mining group Acacia.
Montenegro claimed victory after an international arbitration court declined to rule on a reported 600-million-euro claim brought by Russian billionaire Oleg Deripaska.
Argentina introduced a number of new restrictions on foreign currency transactions, reversing its four-year-old policy that had eliminated such controls, which may give rise to investment treaty claims by foreign investors.
For all the talk about third party funding, little has been said about the buying and selling of claims outright.
Should AfCFTA member states opt for an ISDS mechanism, a reformed mechanism should be expected.
Their submissions conclude that the system is detrimental to public budgets, regulations in the public interest, democracy and the rule of law.
