ISDS

211 articles available

Soon after receiving an open letter dated March 19th, 2026, from over 220 economic and legal scholars, President Petro reaffirmed that Colombia would withdraw from the international arbitration…

On 23 December 2025, the ICSID Tribunal rendered its award in Kappes v. Guatemala, a dispute brought under the CAFTA-DR and the ICSID Convention by US national Daniel W. Kappes and his Nevada-based…

On 17 February 2026, ICSID published its report on cases registered in 2025. This report revealed that a record number of cases were filed against states in Sub-Saharan Africa. Indeed, ICSID’s…

As part of the 2026 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar titled “Getting Causation Right in Investment Disputes.”  This was the fifth installment…

Investor-State arbitration (“ISA”) has been criticised for giving investors room to pressure host states. While most ISA cases proceeded all the way to the issuance of arbitral awards, around one…

In investor-State dispute settlement ("ISDS"), there have been awards in which compensation has reached billions, such as in the Tethyan v. Pakistan, Occidental v. Ecuador, and Yukos v. Russia cases…

2025 witnessed mixed developments for the future of intra-European Union (“EU”) investment arbitration, that is, proceedings brought by an investor from one EU Member State against another EU Member…

The increasing use of restrictive measures, commonly referred to as “sanctions”, has become a predominant mechanism for states advancing national security and foreign policy objectives. This…

On 30 June 2025, the tribunal in ICSID Case No. ARB/20/46 (“Tribunal”) issued its final award (“Award”), ordering the Republic of Peru (“Peru”) to pay USD 40 million to a Canadian investor, Lupaka…