investor-state disputes | ISDS


KTurbo Inc. v. United States of America
KTurbo Inc. served a notice of intent to submit a claim to arbitration under Chapter 11 of the US-Korea Free Trade Agreement.
Gazprom v. Ukraine’s arbitration
Ukraine settled an investment-treaty arbitration with Russian gas company Gazprom.
Swiss court orders Russia to pay damages to Ukrainian firms
The Swiss Federal Court has ordered Russia to pay CHF80 million ($82.1 million) in damages to 12 Ukrainian firms confiscated after the 2014 annexation of Crimea.
Pakistan moves US court to stop over $6bn fine in Reko Diq case
Pakistan has asked a US federal court to pause an Australian copper company’s bid to enforce a $6 billion arbitral award while it looks to have the award nixed.
How ISDS corporate privileges risk to undermine community struggles
Inspiring people fought toxic gold mines, dirty oil drilling and greedy luxury real estate projects. Now, costly investor-state dispute settlement (ISDS) lawsuits risk to reverse their community victories.
The EU plurilateral draft termination agreement for all intra-EU BITs: An end of the post-Achmea saga and the beginning of a new one
This termination agreement marks the culmination of the European Commission’s and several Member States’ efforts to abolish intra-EU investment arbitration proceedings from the European legal order.
Intra-EU investment reform: What options for the Energy Charter Treaty?
The leaked treaty for the termination of intra-EU BITs can be seen as the culmination of an ongoing effort by the EU Commission to discourage investment arbitration between Member States, reflecting a tension between public international law and EU law.
Ncell backed by international tribunal in Nepal tax row
The ICSID has issued an interim order preventing Nepal’s government from collecting capital gains tax on Axiata’s acquisition of Ncell.
China’s new policy on foreign investment and the security of intellectual property
Proper mandatory licenses will be exempt from claims for expropriation under the China BIT model.