investor-state disputes | ISDS


Odyssey Marine Exploration reports win in NAFTA arbitration case
The award orders Mexico to pay US$37.1 million for breaching its obligations under NAFTA, plus interest.
Clive Palmer’s $300bn claim ‘absurd’, says solicitor-general
The solicitor-general has pilloried Clive Palmer’s $300bn legal claim against Australia as weak, absurd and demonstrably in­adequate.
In Honduras, libertarians and legal claims threaten to bankrupt a nation
One of Latin America’s poorest countries faces a wave of claims from foreign investors seeking billions of dollars. Chief among them is an American company looking to build a semi-autonomous “startup city.”
How the international investment law regime undermines access to justice for investment-affected stakeholders
From the perspective of investment-affected communities, foreign investments arise out of a partnership between the investor and the state. Impacted people are often not consulted or involved in project establishment or development.
Nigeria should audit her Bilateral Investment Treaties –Owonikoko
Why President Bola Tinubu should use diplomatic means to resolve the dispute, ANAYO EZUGWU brings the excerpts
Canada faces $100-million forfeiture ‘test case’ as Russian airline sues over grounded plane
In August 2023, Volga-Dnepr filed a motion of intent to initiate the dispute with Canada under a 1989 treaty that Ottawa penned with the then-Soviet Union, which included a investor-state dispute settlement system.
Serbia's lithium gamble: Reviving Rio Tinto's mine amidst protests and economic promises
In 2021, Rio Tinto filed a notice of dispute related to the government announcement to cancel the Lithium project in the Jadar Valley under the UK-Serbia bilateral investment agreement.
SAMIR case: Morocco, Corral Holdings file for rectification of ICSID ruling
The SAMIR affair, dating back to the refinery’s 2015 closure, has seen Morocco and Corral Holdings locked in a bitter dispute before the ICSID tribunal.
A portrait of transnational power in Mexico: the investment protection system and its consequences
This report looks at Mexico’s investment protection regime and outlines its main consequences for the country.
Discussions on draft provisions on damages in the investor-state dispute settlement system in UNCITRAL Working Group III
This paper summarizes the discussions within the United Nations Commission on International Trade Law Working Group III on the reform of investor-state dispute settlement regarding the two draft provisions on damages.