ISDS Case Map
health
With state measures in response to COVID-19 being compounded by an already difficult economic environment for investors, they may have little choice but to challenge those measures.
In response to the COVID-19 pandemic, governments globally are engaging in a difficult balancing act of protecting public health, mitigating economic damage and avoiding interference with private rights.
Latin America's battle with COVID-19 hampered by investment arbitration cases.
Recent jurisdictional decisions suggest that sovereign debt will be subject to bilateral investment treaties for the foreseeable future.
Predatory international law firms are encouraging multimillion-dollar investor-state dispute settlement (ISDS) lawsuits citing Covid-19 containment, relief and recovery measures.
COVID-19 can increase liability for countries under international investment treaties. Developing countries face imminent challenges under such treaties.
A recent ICSID tribunal has denied an investor’s claim concerning the development of an airport project in Latvia, which may have wider implications for infrastructure projects that may now be under feasibility reviews as a result of the Covid-19 pandemic.
Already, Mexico’s progressive reforms have made it an ISDS target. First Majestic, a Canadian silver mining company has been threatening Mexico for the last few years, under NAFTA’s Chapter 11.
For Mexican workers, farmers, and the poor, the pandemic and the new treaty replacing NAFTA are a devastating one-two punch.
Corporations are busy weaponising obscure legal instruments to sue government for their actions to save lives and jobs during the coronavirus crisis.
