ISDS Case Map
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In order to mitigate host state risk, foreign investors should consider the importance of investment treaty protection.
The firm said its efforts were focused on pursuing its legal rights in India, and working with Fasken in preparation for a potential international arbitration under the Australia-India Bilateral Investment Treaty.
Calculations of compensation and damages in ISDS practice is built on a series of myths and unjustifiable assumptions.
The claims that German energy companies RWE and Uniper have submitted in response to a Dutch law that phases out coal by 2030 are not in line with the declining value and profitability of their coal power plants in the Netherlands.
The Higher Regional Court held that there was no room for reasonable doubt that the arbitration clause in the Croatia - Austria BIT was invalid based on the rulings in Achmea.
The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
This brief argues for the ‘localization’ of investor-State dispute settlement (ISDS) proceedings in host States and regions where the investment is actually located.
Indigenous populations often live in territories that are earmarked for construction projects, which may lead to inevitable friction with state governments and subsequently, developers and investors.
The unusual status of foreign investors in international law is no accident, but rather the result of a “world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s”.
The ICSID in the case Eugene Kazmin v. Latvia issued its Award discontinuing the arbitration and ordering the Claimant, Ukrainian citizen Kazmin, to bear the costs of the proceeding.
