investor-state disputes | ISDS


UNCITRAL and ISDS reform (online): can you hear me now?
Does moving online mean more governments and more officials participate? Or does it lessen the prestige and priority of the negotiations, leading to less engagement by key officials?
Assessing outcomes in ISDS
15 highly active respondent countries with net ISDS losses cumulatively account for USD 14.8 billion in net outcomes through 2017.
The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act
Tanzania has enacted significant changes to the legislation governing foreign investment in natural resources with the aim of ridding the sector of the vestiges of “colonial” relationships.
Does investor protection increase foreign direct investment? A meta‐analysis
74 studies find robust evidence that effect of international investment agreements on foreign direct investment is so small as to be considered zero.
UNCITRAL WGIII and human rights: towards a more balanced ISDS system?
Effective and holistic reform must go beyond procedural matters and cover substantive matters in order to rebalance the system and address recurring concerns that threaten the legitimacy of the ISDS system.
Algeria: Never-ending battle with Sawiris’ Orascom finally concudes
Algeria has won the final round of a battle that pitted it against Egyptian billionaire Naguib Sawiris’s holding company. We take a look back on this more than 10-year-long judicial saga.
Key international legal measures risk making the cost of green energy shift skyrocket
A complex set of international legal measures protecting the fossil fuel industry risks significantly increasing the cost of moving to green energy and tackling climate change, a new report reveals.
Cyprus bail-in. A back door solution perhaps?
Greek investors who were affected by the Cyprus bail-in have sought legal resort and now seem to stand a fair chance to have their case tried and possibly recuperate a portion of their losses in a mass arbitration to be held before the ICSID.
Costs rise in Vattenfall lawsuit over German government’s nuclear phase-out
The German government writes that around 21.7 million euros have been spent on lawyers, expert witnesses and court fees.
NEQSOL HOLDING: Georgian Government seize foreign-owned asset, referred to international arbitration
Following the effective expropriation of a legally obtained asset by the Georgian National Communication Commission, NEQSOL have announced that their dispute with Georgia will be referred to the ICSID.