The Investment Chapter of the ChAFTA may be similar to the KAFTA’s with broad carve outs limiting the scope of claims that a foreign investor may bring against the host country and providing the parties with a discretion to regulate on ’public welfare’ objectives
The deal struck between China and Australia on Monday will contain an Investor State Dispute Settlement mechanism that will allow Chinese corporations to challenge the Australian government for "pretty much anything", say academics
Tobacco producers Indonesia, Cuba, Dominican Republic, Honduras and Ukraine are challenging Australia’s plain-packaging laws at the World Trade Organization, bolstering support for Philip Morris’ private dispute against Canberra.
Long-running litigation between Uruguay, which has some of the toughest anti-smoking laws in the world, and cigarette giant Philip Morris could have direct consequences for plain packaging legislation globally. Could it also pave the way for legal action in Europe?
A common provision allowing foreign investors to sue host governments has become a ticking time bomb inside trade agreements. Some countries are now refusing to agree to the provision and are questioning its legal legitimacy. Jess Hill investigates.
Australia risks getting swept up in a wave of litigation by foreign corporations wishing to sue over unfavourable domestic laws, experts warn, after the government rejected a bill to ban controversial trade agreements.
Un nouveau cas de litige entre investisseurs étrangers et Etats se profile dans le cadre du Traité sur la Charte de l’énergie, à l’origine de nombreuses affaires qui ont défrayé la chronique en Europe.
A federal court in Washington, DC has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible with EU law.