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Hub News Article Sep 13, 2016

37 New Investor-State Arbitrations Filed

Geneva, 13 September 2016 – UNCTAD has updated its Investment Dispute Settlement Navigator. The ISDS Navigator is now up-to-date as of 15 August 2016.

Key findings of the update:

  • During the first 7 months of this year investors brought 37 known ISDS arbitrations pursuant to international investment agreements (IIAs).
  • The majority of new cases invoked bilateral investment treaties (BITs), most of them dating back to the 1980s and 1990s. In arbitrations based on treaties with investment provisions (TIPs), foreign investors relied upon the Energy Charter Treaty (in 7 cases), NAFTA (two cases), the Colombia-US FTA and the Peru-US FTA (one case each).
  • As a result of new information, the number of known cases for 2015 has gone up from 70 to 72. The previous year therefore remains the year with the highest number of cases ever filed.
  • As of 15 August 2016, the total number of publicly known arbitrations against host countries has reached 739.

As arbitrations can be kept confidential under certain circumstances, the actual number of disputes filed in this and previous years is likely to be higher.

The update of the ISDS Navigator covers new cases as well as new information on existing case entries. You can browse the ISDS Navigator to find information on: arbitrators serving on the tribunal, awards and decisions issued by tribunals, breaches of IIA provisions alleged and found, amounts claimed and awarded, the status/outcome of the arbitral proceedings and many other items.

Information about the claims has been compiled on the basis of public sources, including specialized reporting services.

We welcome any additional information or clarifications on specific cases. Please use the “Report new developments” button to submit information.