investor-state disputes | ISDS


Cairn threatens Indian asset seizures abroad in tax case
UK-based Cairn Energy Plc has threatened that it may be forced to begin attaching Indian assets including bank accounts in different world capitals, unless the government resolves the issue.
Keystone XL legal risks highlight dangers of putting investors before climate change
The owner of Keystone XL — TC Energy (previously TransCanada) — used NAFTA to launch a US$15 billion lawsuit in 2016 after President Barack Obama cancelled the project.
Against DCF valuation in ISDS: on the inflation of awards and the need to rethink the calculation of compensation for the loss of future profits
One of the most noticeable facts in recent ISDS is the spectacular inflation of compensation awarded to investors. The most important factor is probably the widespread use by tribunals of the DCF (discounted cash flows) valuation method.
Cairn Energy’s major investors ask India to honour arbitration
Investors have written to the Indian government as well as the governments of the US and UK seeking adherence to the award of a tribunal at the Permanent Court of Arbitration in The Hague
French controllers of Nuevo Pudahuel, operator of the Santiago airport, initiate ICSID proceedings against Chile
Nuevo Pudahuel had asked the Ministry of Public Works to extend the term of the concession contract as a result of the pandemic, but the MOP was closed to changes in the contract.
Analysis: How rich oil firms are using secretive court to fight capital gains tax in developing world
The battle between ConocoPhillips and Vietnam result could mark a significant shift in the way huge multinationals fight off the threat of taxes from desperate revenue authorities in developing countries.
Mine de Crystallex : un juge américain ouvre la voie à la vente d'actions de Citgo
Un juge américain a estimé que le processus de la vente d'actions de Citgo, filiale aux États-Unis de la compagnie pétrolière d'État vénézuélienne PDVSA, pour le dédommagement de Crystallex, pouvait débuter.
Canada scrambles to salvage Keystone XL as Biden prepares to kill troubled pipeline project
Alberta believes there was a “very solid” legal basis to seek damages under international free trade agreements if the pipeline is effectively killed, said Alberta Premier
Georgia update - serving a notice of dispute
Star Phoenix Group Ltd has formally notified the government of Georgia of the existence of an investment dispute under the Energy Charter Treaty.
Mining operations – Submission of request for international arbitration to Chinese government
AsiaPhos has been in discussion with the Chinese Government (since November 2017) for a settlement in relation to the cessation of the mining activities because of the Panda Park.