Despite a drop in cases at ICSID in the face of Covid-19 and Achmea, the level of investor-state arbitrations remains high overall. However, long-term challenges remain.
El Tambor is a controversial gold mining project in Guatemala. After years of local protests and litigation, it was halted in 2016 for lack of prior consultation with Indigenous people.
The Ministry of Justice in Korea has created a team dedicated to settling investor-state disputes, in order to more actively and effectively respond to intricate international litigation.
Predatory international law firms are encouraging multimillion-dollar investor-state dispute settlement (ISDS) lawsuits citing Covid-19 containment, relief and recovery measures.
Governments around the world – including the UK – face a wave of lawsuits from foreign companies who complain that their profits have been hit by the pandemic.
Ascent Resources Plc and its subsidiary Ascent Slovenia Ltd have formally notified Slovenia of the existence of disputes under the UK - Slovenia bilateral investment treaty and the Energy Charter Treaty.
COVID-19 can increase liability for countries under international investment treaties. Developing countries face imminent challenges under such treaties.