For those uninitiated in the world of international arbitration, below is the primer of the issues at play in the South Korea-Lone Star Funds arbitration.
The Australian government misrepresents the claims of critics and fails to address substantial criticisms of the Trans Pacific Partnership, says civil society network AFTINET.
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.
Civil society organisations can play an important role in carrying and strengthening community voices in arbitration processes, by making submissions to arbitral tribunals.
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.
The Central American country of El Salvador could be forced to pay US$301 million to Canadian-Australian mining multinational OceanaGold as the two face off in a World Bank investor-state tribunal with proven tendency to favor corporate interests over arguments for protecting national sovereignty, the environment, and human rights.
TUC General Secretary, Frances O’Grady, will call time on ‘zombie trade deals’, when she addresses the European Commission Trade Policy Day in Brussels today (Tuesday).
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.
A consensus is clearly forming around changes and adjustments needed to reform ISDS, but the main stakeholders – businesses and governments – have yet to make a clear stand, argue Adrian-Catalin Bulboaca and Marius Iliescu