investor-state disputes | ISDS


Credit Suisse's Japan bondholders seek arbitration over AT1 wipeout
Japanese investors will soon file a request for arbitration regarding Credit Suisse's Additional Tier 1 bonds, under the economic partnership agreement between Japan and Switzerland.
Int'l tribunal reduces damages S. Korea owes to Lone Star by 600 mln won: ministry
An international tribunal has accepted the South Korean government's request and reduced the damages it has to pay to the U.S. private equity firm Lone Star Funds by about US$450 million, the justice ministry said
EU mulls partial exit from energy treaty over climate concerns
The European Union is considering a proposal to quit an international energy treaty that has become mired in climate change concerns, but leave an option for individual countries to stay in an updated version of the accord, a document showed.
33 Democrats urge ban on investor-state dispute provisions in all US trade deals
Democratic U.S. lawmakers on Wednesday urged the U.S. Trade Representative and State Department to eliminate investor-state dispute settlement provisions from current and future trade deals
The ‘climate killing’ clauses helping companies sue governments for climate action
If you’ve never heard of ISDS (investor-state dispute settlement) that’s not surprising. ISDS operates in the shadows. It’s a mechanism for solving disputes between parties in cases of foreign direct investment while offering legal protections for the investor. The investment is typically provided by a private company to a foreign ‘host state’.
Uncitral Working Group III reaches notable milestones in recent New York meeting
United Nations Commission on International Trade Law ("UNCITRAL" or "Commission") Working Group III finalized provisions on the use of mediation in ISDS.
ICSID Tribunal upholds jurisdiction over an intra-EU Dispute
This case concerns a dispute between Cavalum SGPS, S.A and the Kingdom of Spain about changes introduced by the respondent to the regulatory and economic regime for renewable energy projects.
A US fund declares Spain in “technical default” and claims almost 1,000 million government bonds
The US fund Blasket Renewable Investments has activated the “default” clause that declares Spain at “technical impact” after the Government has not yet paid the pending awards for the cuts in the premiums for renewables.
Spain tells World Bank it will not pay €2-billion ICSID awards for renewable energy debts
The World Bank has sent a de­vas­ta­ting letter to the Spanish go­vern­ment to de­mand pay­ment of the awards that con­demn our country to com­pen­sate the in­ves­tors af­fected by the re­tro­ac­tive with­drawal of the pre­miums granted to re­ne­wable ener­gies.
Italy: Rockhopper provides an update on its ICSID arbitration with Italy
Tribunal orders Rockhopper & Italy to mitigate the risk of non-recoupment by Italy with the anticipation of the Stay being lifted.