investor-state disputes | ISDS


Billion-dollar exposure: Investor-state dispute settlement in Mozambique’s fossil fuel sector
Mozambique faces a substantial economic risk due to its exposure to investor-state dispute settlement (ISDS) claims by foreign investors in its coal, oil, and gas sectors. The investment protections in the country’s international investment agreements and contracts, combined with ISDS, expose Mozambique to multi-billion-dollar financial liabilities.
ISDS regime could choke climate action in emerging economies, experts say
The investor-state dispute settlement (ISDS) system could be putting climate action at risk in emerging and developing economies as investors in fossil fuel projects angle for compensation, experts say.
First Quantum Seeks $20 Billion From Panama in Free Trade Case
First Quantum Minerals Ltd. is seeking $20 billion from Panama in a free trade arbitration case after the Central American nation shut down the company’s flagship copper mine late last year.
UK Lawmakers Slam ‘Lack of Clarity’ on Major Trade Deal Benefits
British lawmakers said the benefits of the UK’s accession to a major trans-Pacific trading bloc are unclear
‘Litigation terrorism’: the obscure tool that corporations are using against green laws
Investor-State Dispute Settlements are legal, huge and often hush-hush – and fossil fuel firms and others are using them to hold the planet to ransom.
Kuwait's Agility gets favourable verdict on $380m Iraq funds
The Kuwaiti company Agility gets another opportunity to reclaim its legacy investment in an Iraqi telecom firm. The charges brought by Agility relate to more than $380 million in diverted funds.
Tanzania’s attempt to strike out Indiana’s compensation fails to score
Indiana Resources is closer to recovering its historical sunk investment for the unlawful expropriation of the Ntaka Hill nickel sulphide project after the ICSID struck out most of Tanzania’s grounds for requesting the annulment of the award.
EU announces new ‘interpretation’ of Canada trade deal in bid to ensure ratification
The European Commission and Canada have agreed on the “interpretation” of parts of their trade agreement that relate to investor protection from environmental regulation, in a push by Brussels to persuade member states to ratify the bilateral multibillion-euro deal.
Neocolonial ISDS, abused, biased, costly, and grossly unfair
Investor-State Dispute Settlement (ISDS) provisions in international trade and investment agreements – long abused by opportunists with means – are slowly being rejected by cautious governments.
International Chamber of Commerce former arbitrator says ISDS has “lost battle of public opinion” and “legitimacy”
To maintain the system, he proposes that business should shift away from ISDS in state-to state trade and investment agreements, and instead move to ISDS in contracts between individual investors and states.