Energy & environment

Most investor-state disputes (ISDS) have concerned environmental matters. Corporations are using the ISDS system found in trade and investment agreements to challenge environmental policies. As of end of 2019, 41% of all ICSID cases were energy and natural resources-related.

Most well-known cases include:

• Lone Pine Resources (US) vs. Canada: the investor challenged Quebec’s moratorium on the controversial practice of hydraulic fracturing, or fracking, for natural gas. The provincial government declared the moratorium in 2011 so as to conduct an environmental impact assessment of the extraction method widely accused of leaching chemicals and gases into groundwater and the air. Case pending (NAFTA invoked).

• Bilcon (US) vs. Canada: the US industry challenged Canadian environmental requirements affecting their plans to open a basalt quarry and a marine terminal in Nova Scotia. In 2015 the ISDS tribunal decided that the government’s decision hindered the investors’ expectations. Bilcon won and received US$7 million in damages, plus interest (NAFTA invoked).

• Vattenfall (Sweden) vs. Germany: in 2007 the Swedish energy corporation was granted a provisional permit to build a coal-fired power plant near the city of Hamburg. In an effort to protect the Elbe river from the waste waters dumped from the plant, environmental restrictions were added before the final approval of its construction. The investor initiated a dispute, arguing it would make the project unviable. The case was ultimately settled in 2011, with the city of Hamburg agreeing to the lowering of environmental standards (ECT invoked).

Photo: Kris Krug / CC BY-NC-ND 2.0

(March 2020)

Prensa Latina | 10-Aug-2016
Ecuador mantendrá acciones legales contra la petrolera Chevron en otros países, pese al fallo de un Tribunal Federal de Apelaciones de Estados Unidos a favor de la transnacional, aseguró Pablo Fajardo, abogado que representa a los afectados ecuatorianos.
BNamericas | 5-Aug-2016
Swiss trader Glencore filed for arbitration against the Bolivian government for the expropriation of its mining and smelting assets, adding to a series of lawsuits against the Andean country.
El Pais | 5-Aug-2016
Una subsidiaria de la compañía suiza Glencore presentó una Notificación de Arbitraje en contra de Bolivia, por una supuesta controversia relativa a las nacionalizaciones de las plantas de fundición de estaño y antimonio de Vinto.
Loading Docs | 5-Aug-2016
Water for Gold tells the alarming story of how international trade law is leading us to trade our most basic rights to clean, safe water for access to gold.
Business Recorder | 4-Aug-2016
International Centre for Settlement of Investment Disputes has completed hearing on a dispute between Government of Pakistan and a Turkish firm M/s Karkey Karadeniz Elektrik Uretim A.S.
Stockholm Chamber of Commerce (ISDS Blog) | 4-Aug-2016
Peter Allard, a Canadian investor who owns a nature sanctuary in Barbados, has brought an ISDS claim against Barbados. He grounds his claim on the failure of the government to enforce its own environmental law.
Reuters | 29-Jul-2016
Czech utility CEZ has launched arbitration seeking hundreds of millions of euros from Bulgaria for failure to protect its energy investments
CDM | 28-Jul-2016
Investment arbitration process between CEAC Holdings Limited and Montenegro was finished on 26th of July, in a way that the arbitration tribunal declared itself non-jurisdictional for this process.
PRNewswire | 27-Jul-2016
The arbitration dispute concerns the treatment applied by the Romanian authorities to the investments performed by KMG and KMGI in their Romanian subsidiaries.
The Ecologist | 27-Jul-2016
The elephant in the room is here and it is huge: the word "climate" means something totally different in the TTIP papers.

0 | ... | 1280 | 1290 | 1300 | 1310 | 1320 | 1330 | 1340 | 1350 | 1360 | ... | 1590