investor-state disputes | ISDS


NAFTA tribunal in Westmoreland v. Canada declines jurisdiction, finding that the claimant did not own or control the investment at the time of the alleged breach
The dispute pertained to an investment made by Westmoreland Coal Company, a US‑incorporated company, in two Canadian enterprises in April 2014.
OECD conference on investment treaties and climate change policy
Experts took particular concern with the fact that most investment treaties do not oblige arbitrators to take into account international agreements on climate change when adjudicating cases.
ITACO launches multi-billion dollar arbitration against Vietnam
Tan Tao Investment & Industry Corporation launched a billion-dollar arbitration proceeding against Vietnam under the agreement between the United States and the Socialist Republic of Vietnam.
Ascent starts mediation process in Slovenian partner dispute
UK-listed Ascent Resources and its Slovenian joint venture partner Geoenergo have initiated the mediation process under a dispute resolution mechanism.
Six reasons NOT to ratify the EU-Mexico Global Agreement
Statement of the Mexican, European and international civil society, 4 July 2022
Algerian trade cut off with Spain: Spanish companies with interests in Algeria should take measures to manage their risks
Spain’s recognition of the autonomy plan for Western Sahara proposed by Morocco has escalated diplomatic tensions between Spain and Algeria.
Regulatory chill in a warming world: The threat to climate policy posed by investor-state dispute settlement
There is a great threat posed by the potential use of ISDS by the fossil fuel industry to stall action on climate change.
‘Investor-State Dispute Settlement’ as a new avenue for climate change litigation
Climate-related ISDS indicate a real risk that significant resources and energy may be diverted away from climate action, impacting the popularity of pro-climate policymaking among both policymakers and the public.
Int'l tribunal brings to close decade-long S. Korea-Lone Star dispute settlement
An international tribunal declared an end to all proceedings in a multi-billion dollar suit the US private equity firm Lone Star filed against South Korea's government 10 years ago.
Deal for modernized Energy Charter Treaty insufficient for ambitious climate action
The new "agreement in principle" for a modernized Energy Charter Treaty (ECT) falls short of pledges to make the trade and investment deal better suited to achieving international climate goals, IISD experts say.