The model BIT aims to balance two objectives: the attraction of foreign direct investment to African states and the promotion of sustainable development.
Unsatisfyingly, ISDS permits international investment law to exist in a vacuum that enables those tasked with adjudicating disputes to turn a blind eye to international humanitarian law norms.
A tribunal awarded a sum of EUR 243 million plus interest to Bank Melli Iran and Bank Saderat Iran in their investor–state dispute against the Kingdom of Bahrain.
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.
UK-listed Ascent Resources and its Slovenian joint venture partner Geoenergo have initiated the mediation process under a dispute resolution mechanism.
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.