investor-state disputes | ISDS


Resurgence of contract-based ISDS and the risk of internationalizing investor–state relations
As investment treaties face increased resistance from all quarters, there have been renewed calls to prioritize contract-based arbitrations pursuant to arbitration clauses in investment agreements negotiated between foreign investors and host states.
Arbitration body raises amount awarded to Enagas to $302 million in process against Peru
Spanish gas grid operator Enagas said the World Bank's ICSID raised the amount the company is entitled to be paid in an arbitration process over a pipeline it built in the country.
Guatemala found liable for not protecting hydroelectric project from violent protests
Earlier this year, a split ICSID Tribunal found Guatemala liable to pay USD 68.5 million in damages plus interest to Panamanian company Energia y Renovación Holding.
Recent fossil fuel arbitration claims based on the ECT: the urgency of neutralizing the sunset clause
The Energy Charter Treaty (“ECT”), the most widely used investment treaty, has become highly controversial for enabling investors to challenge national policies aimed at achieving climate goals through its ISDS mechanism, leading to a phenomenon known as “regulatory chill.
Panthera Resources files $1.58bn damage claim against India over Bhukia project
UK-based gold exploration company Panthera Resources, through its Australian subsidiary Indo Gold, has filed a claim for damages totalling $1.58bn against the Republic of India, alleging breaches of a bilateral investment treaty.
Dangerous precedent: How an arbitration claim is jeopardising Germany‘s coal phase-out
A Swiss public company, Azienda Elettrica Ticinese, is demanding compensation in an international arbitration tribunal for Germany‘s coal phase-out.
Australia’s Port of Darwin move risks ISDS arbitration with China
The re-elected Australian Labor government plans to reclaim China's 99-year lease over the Port of Darwin. This risks triggering an international arbitration claim by the Chinese-owned Landbridge Group.
UK-India investment treaty lets companies sue government, sources say
An investment treaty between Britain and India will contain a provision that allows companies to sue either government if they believe policy changes unfairly harm their investment or profits.
Argentina still on hook for BIT arbitral award
ICSID tribunal rejects Argentina’s request to reconsider award based on the judgment in entirely separate litigation proceedings.
Settlement of claim against Mozambique Government
This announcement contains inside information for the purposes of Regulation 11 of the Market Abuse (Amendment) (EU Exit) Regulations 2019/310. With the publication of this announcement via a Regulatory Information Service, this inside information is now considered to be in the public domain.