investor-state disputes | ISDS


Civil society groups sound alarm over COVID-19 claims in 'corporate courts'
Countries could be facing a wave of cases from transnational corporations suing governments over actions taken to respond to the Covid pandemic using a system known as investor-state dispute settlement, or ISDS. Some 630 organisations from across the world, representing hundreds of millions of people, are calling on governments in an open letter to urgently take action to shut down this threat.
Countries serious about climate change should leave the Energy Charter Treaty, says former ECT official
Interview with Yamina Saheb, former head of unit in the Energy Charter Treaty Secretariat .
Prairie Mining secures litigation funding to sue Poland
The claims had arisen out of certain measures taken by Poland, allegedly in breach of the Energy Charter Treaty and the Australia-Poland Bilateral Investment Treaty.
First annulment of investment arbitration award by Supreme Court
In a recently published decision, the Supreme Court – for the first time – partially annulled an arbitral award issued in an investment arbitration brought by Clorox España SL against Venezuela.
Why do states consent to arbitration in national investment laws?
Of the 65 states that have received investment law advice from World Bank's FIAS, 30 subsequently included arbitration in their law.
Morocco’s new model BIT: Innovative features and policy considerations
In the face of the increasing number of claims brought by investors against host states on the basis of BITs and the exorbitant amounts awarded to investors, Morocco has undertaken a review of its model BIT using a flexible and rational approach.
Eiser Infrastructure Limited and Energia Solar Luxembourg S.à.r.l. v. Kingdom of Spain
On June 11, 2020, an ICSID ad hoc committee issued a unanimous decision to annul a €128 million award against Spain in its entirety.
Potential ISDS problems post Covid-19
The Transpacific Partnership Agreement involves investor - state dispute settlement clauses, which large companies may use ISDS to sue governments for actions they took to stop the spread of the virus.
What is Dubrovnik today?
A golf course, free-trade agreements, and the fight for the soul of a city
Open letter to governments on ISDS and COVID-19
We urge you to take immediate action to ensure that the duty of governments to regulate in the public interest is safeguarded and put beyond the scope of ISDS claims.