Dispute settlements in international investment law protect the rights of companies. However, they suppress the voice of local communities, as Stephanie Triefus found in her PhD research.
Romania won the litigation case filed by the owner of the bankrupt insurer Astra Asigurari, Dutch-based Nova Group Investments controlled by the Adamescu family, according to a note published by the Romanian Ministry of Finance.
Two recent decisions by the Swiss Federal Tribunal and the US Court of Appeal for the District of Columbia Circuit confirmed that international law does not offer arguments to contest either arbitral jurisdiction or the validity of arbitral awards in intra-EU investment cases.
Investor-state dispute settlement allows foreign investors to sue governments for billions. A new report highlights this international legal system harms Indigenous Latin Americans.
Almaden Minerals Ltd. has taken the decision to submit its claims to arbitration against the United Mexican States under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
The World Bank’s ICSID ruled in favour of Colombia in a feud with Canada’s Montauk Metals after finding that the mining ban imposed by the Gustavo Petro administration on the Santurbán moor does not violate the Canada-Colombia Free Trade Agreement signed in 2008.
There appears to remain a growing demand from investors for the creation of a new European investor-State dispute settlement regime, which would provide a permanent neutral forum for the adjudication of their intra-EU claims.