investor-state disputes | ISDS


Climate change and investor-state dispute settlement
ISDS is likely to be an increasingly important avenue for the resolution of climate change disputes.
How treaties protecting fossil fuel investors could jeopardize global efforts to save the climate – and cost countries billions
We estimate that countries would face up to $340 billion in legal and financial risks for canceling fossil fuel projects that are subject to treaties with ISDS clauses.
Serving of notice of dispute
Amendments to the mining law in Slovenia which prohibit the use of any hydraulic stimulation in mining exploitation constitute further breaches of the protections established by the BIT and the ECT.
Taking equity into account in international and domestic legal frameworks on compensation for climate change and the energy transition
In the context of investment treaties and arbitration, states should not put private arbitrators in the driver’s seat on issues of valuation of fossil fuel assets and compensation.
Honduran government repeals ZEDEs law amid warnings of free trade agreement rights and arbitration
The ZEDEs are free from import and export taxes, but could set up their own internal forms of government, as well as courts, security forces, schools and even social security systems.
Argentina to appeal court ruling ordering it to pay millions to Casinos Austria
After years of dispute, the ICSID ruled last November that the province of Salta must pay an eight-figure sum as compensation. Argentina has only now decided to appeal the decision.
Business group blasts Mexico's new lithium law as violating trade deal
A Mexican law that nationalizes its future lithium industry violates its trade obligations under the CPTPP, the International Chamber of Commerce said.
Energy Charter Treaty fundamentally incompatible with EU law, study finds
Withdrawal from the Energy Charter Treaty (ECT) is the only realistic way for the European Union to fix the outdated treaty’s incompatibility with the EU’s own laws, a new in-depth legal study has found.
A peek under the hood: Unwrapping the 2019 Moroccan model BIT
The 2019 Moroccan Model BIT is a good example of the growing body of ‘new generation’ Model BITs fuelling the ISDS reform conversation.
Kyrgyzstan ratifies ICSID Convention
Kyrgyzstan government deposited with the World Bank a document on the ratification of the ICSID Convention, thereby completing the process of joining the world's leading institution for resolving international investment disputes.