investor-state disputes | ISDS


We need to talk about valuation in ISDS
Investors are receiving monetary damages that they would not be entitled to outside of ISDS, on the basis of an unjustified and highly reductive understanding of value.
Epidemic sovereignty? Contesting investment treaty claims arising from coronavirus measures
Allegedly arbitrary or disproportionate measures, albeit in the public interest, provide regular grist for the mill of investment treaty arbitration.
Covid-19: Why India doesn’t need to worry about investor-State dispute settlement claims
In order to halt the spread of the coronavirus pandemic (Covid-19) and to boost the public health care system and preparedness, India has taken several regulatory steps.
Zimbabwe’s white farmers angered by ‘racist’ edict
The group, representing nearly 4,500 dispossessed commercial farmers, said the new regulations only affect ‘’indigenous’’ farmers and foreigners protected by Bilateral Investment Treaties (BITs).
Miner South32 files request for arbitration in Colombia royalty dispute
Mining company South32 has filed a request for arbitration at the World Bank over a dispute with Colombia concerning royalty payments from its majority-owned Cerro Matoso ferronickel mine:
Could COVID-19 emergency measures give rise to investment claims? First reflections from Italy
Emergency measures to prevent the spread of the coronavirus and protect the economy could lead to claims under bilateral investment treaties.
In a new ICSID award, Spain’s reforms of the renewable energy sector are found not to violate the ECT
The claimants initiated ICSID arbitration against Spain, claiming breaches of the Energy Charter Treaty, including the fair and equitable treatment, umbrella and non-impairment clauses.
Guatemalan water protectors persist, despite mining company threats
The hard work of protecting water and land from the long-term harms associated with gold and silver mining takes place daily on the frontlines of tenacious struggles throughout Latin America and around the world.
Hungary held liable for expropriating the investment of a British investor and ordered to pay EUR 7 million in compensation for damages
Magyar and Inicia filed for arbitration against Hungary claiming expropriation of their leasehold rights to the land, following an agricultural sector reform to promote family farms over farming companies.
Mexico: Investors need to protect foreign investments in times of changing treaty protections
Because of changing attitudes with regard to "expansive" investor protections contained in current treaties, investors need to think ahead and negotiate for the necessary protections to be included in investment contracts.