ISDS Case Map
Bolivia
The protection of the Amazon is a central theme of the COP30 in Belém, Brazil. However, efforts to ensure that the Amazon is defended are at risk of instead being defunded—by investor-state dispute settlement.
On August 5, 2025, BG Overseas Limited, a subsidiary of Shell, informed Bolivia of a dispute involving its subsidiary, Shell Bolivia Corporation, as per Article 8 of the Bilateral Investment Treaty signed with the United Kingdom.
During a five-day trip to Brazil, Bolivia and Paraguay this week, Swiss Foreign Minister Ignazio Cassis tried to push forward negotiations on a free trade agreement between Mercosur and the European Free Trade Association (EFTA).
Bolivia was the first nation to begin leaving a legal system that allows foreign companies to sue governments behind closed doors. Now, other countries are following.
The Permanent Court of Arbitration ruled in favor of Bolivia, denying any compensation to the American mining company Orlandini for the revocation of concessions.
The tribunal rejected Bolivia’s objection on jurisdiction and, on the merits, found that Bolivia had breached the FET standard and the prohibition to adopt arbitrary measures. BBVA was awarded USD 94.8 million in damages.
Private insurance corporations are suing Argentina and Bolivia for loss of potential profits as a result of the reversal of privatization of pension programs.
