investor-state disputes | ISDS


India has till mid-April to appeal against Cairn award on limited ground
India has time till mid-April to file an appeal against an international arbitration tribunal ordering it to repay UK's Cairn Energy Plc USD 1.2 billion-plus interest and cost, but the challenge can only be on limited grounds such as procedure not being followed.
Reforming the investment treaty regime: A ‘backward-looking’ approach
A plurilateral “interpretative statements,” whereby governments endorse joint statements clarifying and defining their positions on contentious clauses in their existing investment treaties would be a practical, flexible and low-cost option.
Nigeria’s lawsuits against Shell could cause oil major exodus
Nigeria has unleashed one of the most spectacular legal attacks on one of its key oil and gas investors, to an extent previously unseen in the country’s more than 60 years of hydrocarbon production.
To what extent will the AfCFTA impact the number of ISDS cases involving African States?
Only 21% of cases administered by ICSID involve African investors, however, this may change with the introduction of AfCFTA, and we may begin to see more disputes involving African investors and African states.
“Super-protections” for corporations
How investment treaties and investor-to-state dispute settlement grant foreign investors greater rights than Dutch and EU law.
ISDS: how imperialism wages lawfare on the poor
The continued existence of ISDS in numerous treaties is a testament to the enormous influence and power wielded by transnational capital over governments the world over.
Colombia says UN arbitration tribunal dismisses Naturgy lawsuit
An international court has dismissed a lawsuit for 4.8 trillion pesos ($1.3 billion) filed by Spanish company Naturgy against Colombia over the seizure of its subsidiary Electricaribe.
AfAA launches African arbitration tool
The African Arbitration Association (AfAA) has launched an online tool that provides an overview of arbitration legislation and international arbitrators in Africa.
Four key points from the ratification of the Indonesia-Singapore bilateral investment treaty
Besides protection and dispute settlement, the BIT also includes several key changes in terms of application and restriction.
Shell’s legal weapon to threaten a just energy future
To realise a future beyond fossil fuels, it is imperative to look at how to disentangle the legal shackles that enable companies to frustrate climate policy and shift the burden of their stranded assets onto the shoulders of taxpayers through arbitration claims.