ISDS Case Map
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International mining companies are lobbying Kabila not to sign the new code, saying the proposed changes would discourage investment and violate existing agreements. Randgold has threatened to challenge the law through international arbitration.
Churchill Mining updated the market on the progress made in its attempts to annul an international tribunal's award against it.
The new Belt and Road courts could complement existing common law-based arbitration institutions and widen the choices for project parties, but the devil could be in the detail, such as the structure, composition of judges and governing rules, experts have warned.
A multilateral state–state dispute settlement mechanism, coupled with other mechanisms to guarantee participation and access to justice to all stakeholders affected by foreign investment, could help rebalance public and private interests in the investment regime.
South Africa’s new arbitration law came into force at the end of 2017. Now lawyers and clients alike will have to see if it lives up to its promises.
Evidence suggests that the inclusion of ISDS in investment treaties may not actually be effective, or optimally effective, while at the same time, ISDS imposes significant costs on the sustainable development objectives of states.
Frozen assets secure a US$520 million award against Republic of Kazakhstan.
Relying on property and contract law theory, this article shows that the arbitral interpretation of foreign investor rights privileges wealth maximization over propriety.
These reports describe foreign investor rights following a narrative of wealth maximisation by transnational corporations (TNCs), and focus on a TNC-assisted restructuring of host states and local communities.
As a National Accountability Bureau inquiry into alleged embezzlement in Reko Diq case remains on hold, various stakeholders made contradictory claims before the Public Accounts Committee about people who could be blamed for any corruption in the deal.
