investor-state disputes | ISDS


The future of arbitration under the Energy Charter Treaty
This legal briefing explains how the implications of the Komstroy ruling, alongside other recent CJEU decisions, on pending and future intra-EU ISDS claims.
Investment governance in Africa to support climate resilience and decarbonization
African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.
EU in battle with its own states as it threatens countries with court over bilateral deals
The EU Commission has launched infringement proceedings against seven member states over their failure to end intra-bilateral investments agreements.
US Court of Appeal dismisses ex-Yukos shareholders’ case
Former shareholders tried to collect $50 billion from Russia.
Non recourse funding secured for claim against the Republic of Slovenia
the Company is now pleased to announce that it has signed a binding damages-based agreement with Enyo Law LLP which will be advancing the disbursements which are expected to be incurred in the pursuit of the claim.
Talks begin with Canadian firm to settle Reko Diq dispute
Pakistan and Barrick Gold PLC Canada are said to have started negotiations to settle the dispute on Reko Diq as Antofagasta of Chile is seeking financial settlement of their share in the award of $6 billion.
Bahrain loses case against Iran banks
Bahrain has been ordered by the Permanent Court of Arbitration in The Hague to pay over €200 million in damages plus costs to two Iranian banks for the unlawful moves against their operations.
‘Either we kill it, or it will kill us’: The fight to dismantle a shadow court system threatening climate goals
Five fossil fuel companies are already known to be seeking over $18 billion in compensation from governments over energy policy changes and most of these have been brought via the Energy Charter Treaty.
The World Bank can’t be trusted to stand up to big fossil fuel companies
Extractive companies are the most frequent users of the investor-state dispute settlement system (ISDS), making up 29 percent of all ICSID claims in fiscal year 2021.
India’s BITs recalibration is paying off
India's steps to better protect itself hasn't curbed the appetite of foreign investors, suggesting that the perceived correlation between FDI and robust investor protection is overstated.