The brief reviews Ecuador’s experience with investment treaties and investor-state dispute settlement (ISDS). The paper explains the historical and geopolitical context of the decisions Ecuador has taken in regard to bilateral investment treaties (BITs) and ISDS.
We have been hearing news of the Pakistan government’s efforts to reach a settlement with the Tethyan Copper Company (TCC) in connection with the Reko Diq matter involving copper and gold reserves worth billions of dollars.
The Polish Parliament has just passed a new law restricting investment in certain strategic Polish companies, which raises the risk of potential Bilateral Investment Treaty claims
In recent years, many African governments have made an effort to improve foreign investors’ protections by entering into many BITs and related agreements with non-African countries
The government of India has rejected Cairn Energy UK’s plea for an arbitration over Rs 10,247-crore tax dispute saying taxation is not covered under the UK-India Investment Promotion and Protection Treaty.
International Institute for Sustainable Development | 29-Jun-2015
Despite the oft-heard refrain that “states ‘win’ ISDS disputes more often than they lose,” it is the investors that have actually won most of the time: 72 per cent of the decisions on jurisdiction, and 60 per cent of cases decided on the merits.
While the legal text of the China-Australia FTA (ChAFTA) was signed last week, the investment legal framework will be reviewed within the next three years with a view to commencing negotiations for a comprehensive Investment Chapter to be included in ChAFTA.
Remarkably, the Australian government has given Chinese companies a general right to buy resources and other assets in Australia – so-called market access – without getting the same right for Australian companies in China.