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ISDS

Anglo American files lawsuit against Colombia

| ISDS
Minería Panamericana Anglo American mining company has filed a lawsuit against a ban preventing Colombian coal miner Cerrejón from developing its La Puente project. The latest lawsuit comes after Cerrejón shareholders, BHP and Glencore filed separate lawsuits for the same reason on April 27 and...

The Status of Investor-State Arbitration in Latin America in 2021

| ISDS
JDSUPRA With a total of 54 cases filed, 2020 was a record year for cases filed under the ICSID Convention, and with a total of 72 treaty-based cases, an important year in general for Investor-State Arbitration. 1. A Wave of Cases Against Latin American States Last year saw a wave of cases again...

Disputes against governments under investment treaties: a growing trend in the mining industry in 2020

| ISDS
Lexology Hogan Lovells A commitment of capital in a foreign state, particularly with long-term profit horizons, can be a risky undertaking. When a host state harms a foreign company's investment, the domestic legal system may not provide an adequate remedy. For example, an investor may not wish...

2020 in Review: Latin America and Investment Arbitration

| ISDS
Kluewer Arbitration Blog In 2020, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From the entry into force of the United States – Mexico – Canada Agreement (USMCA) signed over a year ago, as well as numerous cases and actions still aris...

Mining Injustice Through International Arbitration

| ISDS
Luis Solano | Ellen Moore | Jen Moore -  IPS / Earthworks DOWNLOAD THE STUDY HEREAcross the Global South, and especially in Latin America, international mining companies have used a combination of disturbing tactics to forcibly open mining operations in places where communities have resiste...

More ISDS cases launched against Latin American states amid the COVID-19 pandemic

| ISDS
AFTINET A new report by the Netherlands-based Transnational Institute reveals a rush of international arbitration cases against Latin American states by international investors during the COVID-19 pandemic. Some cases relate to pandemic control measures, and others to ongoing cases. In a recent...

Setting the Record Straight: Debunking Ten Common Defenses of Controversial Investor-State Corporate Privileges

| ISDS
Public Citizen In order to counter the increased critiques of the investor-state dispute settlement (ISDS) system, the Office of the U.S. Trade Representative has declared that many of the claims are “myths” but these counter-claims rely on false and misleading information. This document describ...

Case Studies: Investor-State Attacks on Public Interest Policies

| ISDS
Public Citizen The investor-state dispute settlement (ISDS) system shifts the power between the government and corporations, prioritizing corporate rights. Foreign corporations have used ISDS to attack various policies, in cases ranging from tobacco to mining. This report discusses a selection o...

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