investor-state disputes | ISDS


France puts EU withdrawal from Energy Charter Treaty on the table
The European Union and its member states should draw the consequences of the current stalemate in multilateral talks aimed at reforming the Energy Charter Treaty and consider a coordinated withdrawal, Paris has said
German energy giant RWE uses the Energy Charter Treaty to attack Dutch climate action
RWE has filed an arbitration claim against the Netherlands, seeking compensation for the Dutch decision to phase-out electricity production from coal by 2030.
RWE vs. Netherlands: Undermining climate action
Banks agree to end action against Croatia in loan conversion dispute
Six banks have agreed not to take legal action against Croatia over its conversion of Swiss franc loans into euros in 2015 at the lenders’ expense.
EU-Canada FTA (CETA): investment court texts (Jan 2021)
The EU and Canada adopt rules putting in place the CETA investment court
The EU and Canada adopted four decisions putting in place the Investment Court System provisions agreed in the EU-Canada Comprehensive Economic and Trade Agreement (CETA).
India may offer Cairn oilfield against $1.4 billion arbitration award
For a government struggling to find revenue to boost a COVID-19 battered economy, options of appeal against the arbitration award are limited and it may not have the financial bandwidth for such a payout.
Table of foreign investor-state cases and claims under NAFTA and other US “trade deals”
ISDS tribunals have ordered governments to pay corporations more than $989 million in compensation after ISDS attacks launched just under U.S. agreements.
The status of investor-state arbitration in Latin America in 2021
Last year saw a wave of cases against Latin American states, driven in particular, but not exclusively, by a large number of claims filed against Peru, Colombia and Mexico. This wave is likely to continue in 2021.
VI court freezes assets in $6b case
A Virgin Islands court has frozen shares in two hotels belonging to Pakistan’s national airline to enforce a $6 billion award levied through the World Bank’s ICSID.