ISDS Case Map
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EVN and Bulgaria reached an out-of-court settlement, under which part of the claims regarding the remuneration obligations for renewable energy were offset between a Bulgarian EVN subsidiary and the Bulgarian state-owned National Electricity Company.
Many countries have become wary of the system and are restructuring or terminating their investment agreements. This is the ambience in which the Court of Justice will decide whether the CETA is compatible with EU law.
The principle that adjudicators must be independent and impartial is at the core of any adjudicatory mechanism. It plays an important role in Investor-State arbitration, where arbitrators typically sit for a short amount of time and are not career judges.
We wish to express our overarching concerns that international investment agreements and their ISDS mechanism have often proved to be incompatible with international human rights law and the rule of law.
Investor-State dispute settlement continues to be controversial, spurring debate in the investment and development community and the public at large. States are responding to challenges and concerns surrounding ISDS through different avenues.
The next meeting of a United Nations working group debating options for reforming investor–state dispute settlement (ISDS) will take place in New York from April 1 to 5.
Reform of investor-state dispute settlement (ISDS) is being deliberated at the United Nations Commission on International Trade Law (UNCITRAL) Working Group III, which will be meeting in New York between the 1st and 5th of April 2019.
On 26 March 2019, Australia and Hong Kong signed the Australia-Hong Kong Free Trade Agreement and its associated investment agreement.
Philip Morris, a US company, moved ownership of its Australian operations to Hong Kong to take advantage of ISDS in an Australia-Hong Kong investment treaty.
Kingsgate has been fighting the Thai Government and its insurers over the cancelled Chatree goldmine after it was denied renewal of its metallurgical licence.
