investor-state disputes | ISDS


Intra-EU investor-State ICSID arbitration: the German Federal Court of Justice’s new inadmissibility ruling
On 27 July 2023, the German Federal Court of Justice (German FCJ) declared three intra-EU investor-State ICSID arbitrations inadmissible under German arbitration law given their incompatibility with EU law.
RWE’s arbitration case against Dutch state over coal ban inadmissible under EU law
Dutch taxpayers have already incurred € 5.4 million in arbitration costs in RWE and Uniper cases.
EU countries can challenge energy company arbitration claims in court
Energy companies cannot force European governments into arbitration over compensation demands for investments hit by changing state climate goals, Germany's highest civil court ruled.
Mexico set to offer Vulcan $390 million to buy land to settle spat
Mexico plans to offer $390 million to US construction company Vulcan Materials for land it holds in the southeast of the country, President Andres Manuel Lopez Obrador said.
Mexico hit by trade arbitration proceedings from Canadian, US firms
Mexico has been hit with three sets of trade arbitration proceedings in the past few days, according to the International Centre for Settlement of Investment Disputes.
Portugal announces withdrawal from Energy Charter Treaty
Portugal’s Environment Minister Duarte Cordeiro annouced that the country has started withdrawing from the Energy Charter Treaty, in line with a proposal tabled by the European Commission two weeks ago.
Biden should use the Americas Partnership for Economic Prosperity to free the hemisphere from ISDS
One of the most controversial aspects of the hyperglobalization era, investor-state dispute settlement elevates multinational corporations and foreign investors to equal status with national governments.
Honduras threatens ICSID withdrawal over $11 billion ‘neo-colonial’ special economic zone claim
Honduras is threatening to withdraw from the World Bank’s International Centre for Settlement of Investment Disputes over an $11 billion claim by Honduras Prospera, a US company.
EU firms expected to flee Russia after Danone, Carlsberg raid
Russian president Vladimir Putin snatched control of Fortum's assets. Fortnum will try to recoup its losses via international arbitration.
Australian firm wins $109m compensation against Tanzania
The International Centre for Settlement of Investment Disputes has ordered Tanzania to pay more than $109 million to a group of companies fronted by Australian miner Indiana Resources Ltd in compensation for the controversial 2018 expropriation of a nickel mine project in Tanzania.