investor-state disputes | ISDS


ECT modernisation perspectives: unpacking the impact of the revised ECT text on dispute resolution
This article focuses on the implications of the revised text for dispute resolution under the ECT. We address the environmental focus of the anticipated reforms and conciliation of State-to-State disputes relating to sustainable development and climate change.
UNCITRAL Working Group III and the Assessment of Compensation and Damages: Thinning scope for impactful reform or an opportunity to make a difference?
In WGIII, states will need to prioritize the reforms that have the most impact in addressing their key concerns with the ISDS system.
Brussels pleads with countries to stay in the Energy Charter Treaty
EU countries are voting with their feet, quitting the investor protection pact despite the EU’s efforts to reform it – but the European Commission warns it will be worse to be outside than in.
International investment governance and achieving a just zero-carbon future
A wholly new international investment regime designed with climate and other global goals in mind could be used as a tool to accelerate the investments needed to address the climate crisis.
US pressuring new left-wing Honduras government over privatized cities
US senators argue that abolishing special economic zones known as ZEDEs would violate the provisions of CAFTA-DR, including the provision ensuring “fair and equitable treatment and full protection and security.”
UK independent hit by $190 million annulment claim
UK-based Rockhopper Exploration has been dealt a blow in its protracted legal battle with Italy with the European nation applying to the ICSID to annul the €190 million payment it was ordered to make.
EU States start exiting the Energy Charter Treaty whilst African signatories increase
African countries are increasingly becoming signatories to the ECT potentially tying the hands of government to freely design their climate policies.
Belgian environment minister supports withdrawal from Energy Charter Treaty
Climate, Environment, Sustainable Development, and Green Deal Minister Zakia Khattabi reiterated her support for Belgium’s withdrawal from the Energy Charter Treaty during the EU’s Environmental Council meeting.
Slovenia ‘very likely’ to withdraw from Energy Charter Treaty
Slovenia will follow the lead of countries such as the Netherlands, Spain and France and very likely withdraw from the Energy Charter Treaty, Infrastructure Minister Bojan Kumer announced.
European exodus from Energy Charter Treaty raises climate questions
France, Germany and Spain plan to leave the controversial investment pact, putting a whole system of dirty energy protections into play.