ISDS Case Map
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The United Nations Commission on International Trade Law has an opportunity this week to keep pace with the other developments around the world challenging ISDS by using bold and creative thinking.
In a separate arbitration claim from the ICSID case, the International Chamber of Commerce has ordered Venezuela’s state-run oil company PDVSA to pay ConocoPhillips $2.04 billion for early dissolution of two joint ventures for producing oil.
The EU should not negotiate on its multilateral investment court project until the Court of Justice of the European Union has established the compatibility of the investment court agreed in CETA.
Investors holding billions of dollars in defaulted Venezuelan bonds have formed at least one bondholder committee, which could signal an eventual legal dispute similar to the dispute with Argentina after it defaulted on its sovereign debt in early 2002.
A report reveals that the recent Achmea ruling by the European Court of Justice could render investment agreements between the European Union or its Member States and non-EU countries illegal.
A recent decision under the Energy Charter Treaty by France's highest court appears to signal a return to a literal interpretation by the French courts of international treaties.
Investors journeying along Belt and Road Initiative should be aware of their rights under the web of investment treaties which cover the route.
The Freedom of Investment Roundtable considered a Secretariat paper on appointing authorities and the selection of arbitrators in ISDS
Kahale uses examples from his own experience to argue that the ISDS system based on commercial arbitration principles is not fit to arbitrate cases in which international companies seek compensation from governments for changes in health, environment or other public interest laws.
Canada is the most sued country in NAFTA but Canadian companies aren’t shy about using ISDS claims either.
