investor-state disputes | ISDS


The originality of outsiders: Innovation in the investment treaty system
Individuals who have not spent their careers within the field of investment arbitration (and are perceived as ‘outsiders’ by those within that field) have developed more disruptive reform proposals while arbitral insiders have typically proposed sustaining reforms.
Canada ISDS roundup
Just before Christmas, Canadian copper miner First Quantum, in an ongoing spat with the Panamanian government over royalties, launched two ISDS cases against the state.
Three amigos or fair-weather friends?
This week’s North American Leaders’ summit is soured by dubious challenges to Mexican food and energy sovereignty.
Bolivia found liable for violating the FET standard and the prohibition to adopt arbitrary measures when implementing nationalization on the pension system
The tribunal rejected Bolivia’s objection on jurisdiction and, on the merits, found that Bolivia had breached the FET standard and the prohibition to adopt arbitrary measures. BBVA was awarded USD 94.8 million in damages.
Tribunal finds Spain’s changes to its regulatory regime to have violated investors’ legitimate expectations under ECT’s Art. 10(1)
The claimants alleged that Spain had induced foreign investment in renewable energy sources, and then subsequent changes to the regulatory scheme had fundamentally altered and abolished the framework.
France officially leaves Energy Charter Treaty
France confirmed the decision announced by Macron in October and notified the other signatories of the withdrawal, which will take effect on January 1, 2024.
Guatemala will conclude arbitration of more than 12 years with Teco Holdings LLC
In a settlement agreement, Guatemala agreed to pay approximately US$46 million to Teco Holdings LLC, in order to conclude the investment arbitration that the company filed against Guatemala in November 2010.
Próspera vs. Honduras: Corporate colonialism
Switzerland must withdraw from the Energy Charter
The Energy Charter Treaty protects companies that invest in fossil fuels. A growing number of countries are withdrawing from it, while Switzerland continues to thwart the energy transition.