ISDS Case Map
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Russia must pay $2.6 billion to Yukos Capital after Switzerland's highest court rejected an appeal by Moscow.
It seems that finding ways to cope with a potentially overwhelming reforms-to-develop list and finding compromises will become increasingly important.
On September 30, 2022, Russian President Vladimir Putin purported to annex four Ukrainian provinces: Luhansk, Donetsk, Kherson, and Zaporizhzhia. This escalation is likely to trigger investment treaty claims against Russia.
What recent case law and treaty reforms may mean for the future of investment arbitration in the energy sector.
An international treaty that hamstrings governments’ ability to make climate policy is still in force – and an attempted overhaul has not worked. This is why the EU and its member states need to walk away from the Energy Charter Treaty.
Damages of £737 million are being claimed by GreenX across the two arbitrations which relate to both the Jan Karski and Debiensko mines in Poland.
Reforms are essential to ensure investment treaties and associated investor-state disputes don’t hinder countries’ efforts to tackle climate change.
Existing international investment agreements providing for investor–state dispute settlement fail to advance climate goals and can effectively hinder states’ climate action.
In recent years, in certain investment arbitration proceedings, States have brought counterclaims alleging that foreign investors had failed to comply with corporate social responsibility principles. In all but two cases, these counterclaims have been unsuccessful.
This action would allow for Ecuadorean accounts in these jurisdictions to be frozen and trading payments and receivables to be seized, in order to satisfy the outstanding award debt.
