investor-state disputes | ISDS


EU and India agree to resume free-trade negotiations
The European Union and India agreed to resume stalled free-trade negotiations and seek closer cooperation to combat climate change at a virtual summit on Saturday.
First Japan investment treaty claim renewable energy disputes in Asia
In order to mitigate host state risk, foreign investors should consider the importance of investment treaty protection.
Panthera Resources allows term sheet with Galaxy to lapse
The firm said its efforts were focused on pursuing its legal rights in India, and working with Fasken in preparation for a potential international arbitration under the Australia-India Bilateral Investment Treaty.
Quantum (in)justice: rethinking the calculation of compensation and damages in ISDS
Calculations of compensation and damages in ISDS practice is built on a series of myths and unjustifiable assumptions.
Research undermines billion euro “compensation” claims by German energy companies for Dutch coal phase-out
The claims that German energy companies RWE and Uniper have submitted in response to a Dutch law that phases out coal by 2030 are not in line with the declining value and profitability of their coal power plants in the Netherlands.
India has been short-changed by Vodafone and Cairn arbitral awards
The international economic law regime has stripped India of over $3.8 billion in taxes due by Vodafone and Cairn Energy, as the country is battling the Covid19 crisis.
Regaining sovereignty
Pakistan, which entered into its first BIT with Germany in 1959 — which also was the first BIT ever entered — has concluded 53 BITs with 48 countries.
Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other BITs
The Higher Regional Court held that there was no room for reasonable doubt that the arbitration clause in the Croatia - Austria BIT was invalid based on the rulings in Achmea.
The real cause and the hard cure for the “regulatory chill” of international investment agreements
The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
Turkey is the latest victim of a billion-dollar corporate heist
A Canadian mining company is suing Turkey for $1 billion at a secretive arbitration court over the cancellation of a mine project that was deemed disastrous for the environment.