Energy & environment

Most investor-state disputes (ISDS) have concerned environmental matters. As of end of 2014, about 41% of all ICSID cases were energy and natural resources-related.

Most well-known cases include:

• Lone Pine Resources (US) vs. Canada: the investor challenged Quebec’s moratorium on the controversial practice of hydraulic fracturing, or fracking, for natural gas. The provincial government declared the moratorium in 2011 so as to conduct an environmental impact assessment of the extraction method widely accused of leaching chemicals and gases into groundwater and the air. Case pending (NAFTA invoked).

• Bilcon (US) vs. Canada: the US industry challenged Canadian environmental requirements affecting their plans to open a basalt quarry and a marine terminal in Nova Scotia. Bilcon won – damages still pending (NAFTA invoked).

• Vattenfall (Sweden) vs. Germany: in 2007 the Swedish energy corporation was granted a provisional permit to build a coal-fired power plant near the city of Hamburg. In an effort to protect the Elbe river from the waste waters dumped from the plant, environmental restrictions were added before the final approval of its construction. The investor initiated a dispute, arguing it would make the project unviable. The case was ultimately settled in 2011, with the city of Hamburg agreeing to the lowering of environmental standards (ECT invoked).

(October 2015)

L’Orient le Jour | 15-Nov-2017
Une grande partie du problème tient aux traités bilatéraux et aux dispositions sur l’investissement inscrites dans les accords commerciaux plus généraux.
The Express Tribune | 13-Nov-2017
Pakistan has successfully gotten a stay order from the International Centre for Settlement of Investment Disputes (ICSID) over the execution of an $800 million award to Karkey Karadeniz Elektrik Uretim (Karkey).
Irasia | 10-Nov-2017
The purpose of this release is to introduce the team, and to briefly describe the two claims and the processes to be followed in prosecuting each claim.
Digital Journal | 9-Nov-2017
To date, the Republic has not complied with the order and the Company is considering various options for enforcement of the award.
Project Syndicate | 9-Nov-2017
Much of the problem can be traced to bilateral investment treaties and investment rules embedded within broader trade pacts.
Alternatives Economiques | 9-Nov-2017
Plusieurs modifications indispensables auraient dû être apportées au CETA pour le rendre climato-compatible.
Mining | 4-Nov-2017
Chatree mine’s operator, Australia’s Kingsgate Consolidated said that it would commence arbitration under the Thailand-Australia Free Trade Agreement
Reuters | 4-Nov-2017
Energy firms worry the end of NAFTA could eliminate the so-called Investor State Dispute Settlement.
RAPSI | 4-Nov-2017
Court proceedings over seizure of Russian property in Belgium, initiated by former shareholders of Yukos oil corporation, have been cancelled.
Stock Market Wire | 30-Oct-2017
The High Court has dismissed an application by Ukraine to set aside the Uncitral arbitration award in favour of JKX Oil & Gas.

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