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Can’t fight the moonlight? Actually, you can: ICJ judges to stop acting as arbitrators in investor-state disputes
The “moonlighting” debate echoes another controversial practice: that of “double hatting”, in which individuals wear two “hats” by simultaneously acting as arbitrators and legal counsel in international investment arbitration.
Justice for Roşia Montană!
Roşia Montană voices to be heard in illegal Romanian gold mine litigation
Malaysian renewable energy investor initiates ICSID arbitration against Sri Lanka
KLS Energy Lanka, the local subsidiary of Malaysian renewable energy producer Energy Sdn Bhd of Malaysia has initiated ICSID arbitration under the Sri Lanka-Malaysia BIT
International investment law and sustainable development: Key cases from the 2010s
The selection of 10 key cases for this book has been made based on investment disputes that have implications for sustainable development, in its three dimensions: economic development, social development and environmental protection.
NAFTA 2.0 and Investor-State Dispute Settlement (ISDS)
US-Canada ISDS is terminated; expansive investor rights eliminated and new review procedures mostly replace ISDS between US and Mexico.
Lawyers sue EU Commission for information on legality of trade deal tribunals
ClientEarth has challenged a judgment regarding the European Commission’s decision to keep secret information about controversial investment tribunals in EU international trade deals.
Investor-state dispute settlement: An anachronism whose time has gone
Investor-State Dispute Settlement (ISDS) is a postcolonial relic that should be abolished.
Moon's 'anti-corruption' move invites ISDS lawsuits
The Moon Jae-in administration's campaign to "root out archaic irregularities" appears to have backfired as global private equity funds are rushing to file investor-state dispute settlements.
Tribunal awards India first BIT case win, dismissing claims of French investor
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty.
From the indigenous peoples’ environmental catastrophe in the Amazon to the investors’ dispute on denial of justice: the Chevron v. Ecuador August 2018 PCA arbitral award and the dearth of international environmental remedies for private victims
The task no longer lies with interpreting investment treaties alone and trying to reform investment arbitration in general – but designing an entirely cohesive system for international environmental justice that is open to the actual victims of environmental disasters and not just the States that often fail to genuinely represent them.