Fossil fuel investors are increasingly using ISDS to challenge climate mitigation measures and seek significant compensation. This legal risk can delay climate ambition and drain public finances needed for the transition.
TEPA addresses fundamental conflicts of emerging market investment structures. The agreement will enable India to escape the ISDS 2015 liability trap, balancing defensive provisions with a pro-investor focus.
This approach is unlikely to achieve the intended effect on ISDS clauses in Kyrgyzstan’s BITs unless these clauses are explicitly contingent upon domestic law.
One of the most notable proposals identifies an investor’s initiation of arbitration as implied consent to a tribunal’s jurisdiction over counterclaims.
For over 20 years, Argentina had the world’s highest number of investor claims before international arbitration tribunals. It also has the highest number of bilateral investment treaties in force in Latin America and the Caribbean.
This policy brief examines an innovative judicial approach by the Colombian Constitutional Court in response to an increase in investor-state dispute settlement (ISDS) claims.