investor-state disputes | ISDS


Reko Diq settlement hangs by thread
The government urged all stakeholders to complete pending actions hampering the conclusion of the $900 million settlement deal in the Reko Diq case to avoid a $5.9 billion penalty.
The 33rd meeting of the Energy Charter conference held under the chairmanship of Mongolia
The conference expects to meet ad hoc in April 2023 to finalise the discussion on the adoption of the amendments to the ECT.
European Parliament resolution ‘final nail in the coffin’ for Energy Charter Treaty
The European Parliament has adopted a resolution calling on the European Commission to initiate the process toward a coordinated exit of the EU from the Energy Charter Treaty.
Vienna-backed Austrian firm wields controversial energy treaty against Kyiv
AMIC Energy, an Austrian private equity firm, is threatening to sue Ukraine based on the Energy Charter Treaty after its assets were seized by Kyiv over the company’s close ties to Russia.
Brussels calls for pause in ECT reform talks after losing key EU vote
The European Commission will ask to remove the modernisation of the Energy Charter Treaty from the agenda of an ECT summit on Tuesday 22 November after EU countries failed to reach a majority in favour of reforming the charter.
Berkeley Energia sends notification of dispute to Spain over uranium plant application
Berkeley Energia Ltd. sent a written notification of an investment dispute to the Spanish government following the rejection of its application to construct a uranium-concentrate plant as a radioactive facility at its Salamanca project in November 2021
Slovenia withdraws from Energy Charter Treaty
Slovenia is no longer a party to the Energy Charter Treaty after the Foreign Affairs Committee unanimously endorsed the government’s proposal to withdraw.
Business warns investors could be spooked over trade agreement changes
“ISDS clauses pose a direct threat to Australia’s sovereignty and the ability of the Australian government to make laws in the national interest. They have no place in any agreement which claims to have the interests of working people at heart,” the Australian Council of Trade Unions said.
Armed conflict and investment treaty arbitration
This article summarises the legal protections which may be available to investors in times of armed conflict under investment treaty arbitration.
Revealed: secret courts that allow energy firms to sue for billions accused of ‘bias’ as governments exit
Secret court set up under energy charter treaty accused of conflicts of interest, self-regulation issues and institutional bias.