investor-state disputes | ISDS


Companies cannot use ECT to sue governments for climate progress, top court says
Environmental organisations have hailed a court decision that could mean the end of a little-known legal mechanism that poses a massive threat to climate action.
Costs, damages and duration in investor-state arbitration
This study examines over 400 investor-State cases, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of damages awarded.
Argentina sued before New York court for debts related to the expropriation of Aerolineas Argentinas
The investment fund Titan Consortium has taken legal steps after the expropriation of Aerolineas Argentinas in 2008, which resulted in an arbitration award against Argentina.
Problematising the relationship between mining, development and foreign investment in Colombia
The new resource extraction regime continued to consolidate through the approval of new development plans, new standards, and the signing of international investment agreements.
US report finds multiple problems with Keystone pipeline
A US government watchdog found multiple problems with the construction, manufacture and design of the Keystone pipeline.
Kazakhstan would ‘welcome’ new arbitration in Stati dispute
Kazakhstan has welcomed what it calls an opportunity for an independent arbitral tribunal to carry out “a free and fair review of the Statis’ fraud”.
One big, expensive, avoidable reason why governments won't take action on climate change
As governments try to phase out coal and leave fossil fuels in the ground, lawsuits from industry investors are starting to pile up around them.
Death by a thousand treaties
Governments must urgently terminate all international investment treaties in force, in particular the Energy Charter Treaty, and stop negotiating new ones.
NGOs urge Slovenia’s minister to propose EU exit Energy Charter Treaty
Slovenian environmental NGOs have called on infrastructure minister Jernej Vrtovec to use the country’s EU presidency to propose a political discussion on the bloc exiting the Energy Charter Treaty.