investor-state disputes | ISDS


NAFTA-investor lawsuits cost Canada at least $376 million: report
NAFTA-investor lawsuits have cost Canadian taxpayers more than $376 million over the last 25 years, and could cost even more in the years ahead.
The rise and demise of NAFTA Chapter 11
The removal of investor–state dispute settlement (ISDS) from the renegotiated NAFTA was a critical victory but Canada, the US and Mexico continue to be enmeshed in an extensive web of bilateral and regional accords containing ISDS.
Pathfinder Minerals estimates $621m hit from Mozambique title dispute
Mining group Pathfinder Minerals said a dispute over the ownership of a mining title in Mozambique could see it incur estimated losses of more than $621.3 million.
Court upholds Philip Morris International group's appeal, cancels UAH 1.18 bln fine imposed by antimonopoly committee
The companies of the Philip Morris International group on December 21, 2020 filed a claim about bilateral investment arbitration against the government of Ukraine.
Arbitration case: Cairn Energy offers to invest $1.2 bn if India relents
Cairn Energy has offered to invest the entire award money in India, which includes the principal amount of $1.2 billion and interest of $500 million if the government agrees to enforce the award.
Kenya prevails in a geothermal arbitration brought by WalAm Energy— ICSID tribunal rejects all claimant allegations
An ICSID tribunal dismissed claims brought by WalAm Energy LCC over a geothermal project in the Republic of Kenya
UNCITRAL tribunal finds India in breach of India–UK BIT in proceedings brought by Cairn entities
A PCA tribunal dismissed India’s jurisdictional objections and found it in breach of the FET standard in the India–UK BIT in an arbitration under UNCITRAL rules initiated by Cairn Energy.
Rethinking investment law from the ground up: extractivism, human rights, and investment treaties
For many people affected by resource extraction, it is the prevailing legal regime that dis-embeds and disintegrates, because investment treaties can protect ventures that upend their lives with little scope for voice or redress.
Oschadbank v. the Russian Federation
The Paris Court of appeal set aside the arbitral award issued in the dispute Oschadbank v. the Russian Federation, finding that the tribunal lacked temporal jurisdiction.
Tribunal to hear miner’s dispute against Tanzania
Indiana argues that expropriation of its nickel project breached the investment agreement signed by Tanzanian, British and the Northern Ireland governments.