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Hub News Article Nov 13, 2018

ISDS Navigator Update: 900+ Known Investment Treaty Cases

UNCTAD has updated its Investment Dispute Settlement Navigator. The ISDS Navigator is now up-to-date as of 31 July 2018.

Key findings of the update:

  • During the first 7 months of 2018, investors brought at least 37 known investor-State dispute settlement (ISDS) cases pursuant to international investment agreements (IIAs).
  • On the basis of newly revealed information, the number of known cases for 2017 was adjusted to 72. Additional cases have also surfaced for previous years.
  • As of 31 July 2018, the total number of known treaty-based ISDS arbitrations has reached 904.

Newly filed ISDS cases:

  • The 37 known ISDS cases recorded by the end of July 2018 were brought against 27 economies. Based on the available data, Colombia was the most frequent respondent with six known cases filed, followed by Belarus with three cases. The cases against Belarus are the first known in the country’s history.
  • Investors from the United States and Canada initiated the most cases with 7 and 4 cases each.
  • All but three of the new cases are based on “old-generation” treaties concluded before 2010. This points to the importance of reforming the existing stock of old treaties, one of the themes discussed during the 2018 High-level IIA Conference, that took place during UNCTAD's World Investment Forum in Geneva in October.

Information about the claims has been compiled on the basis of public sources and specialized reporting services. As some arbitrations can be kept fully confidential, 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 the subject matter, the status/outcome of the arbitral proceedings, awards and decisions issued by tribunals, breaches of IIA provisions alleged and found, amounts claimed and awarded, and arbitrators serving on the tribunal.



Known treaty-based investor-State arbitrations initiated in the first 7 months of 2018 (as of 31/07/2018)


Year of initiation

Short case name

1

2018

ACF v. Bulgaria

2

2018

Alcor v. Czech Republic

3

2018

Almasryia v. Kuwait

4

2018

Baig v. Viet Nam

5

2018

Bay View and Spalena v. Rwanda

6

2018

Carrizosa Gelzis v. Colombia (I)

7

2018

Carrizosa v. Colombia (II)

8

2018

Cascade Investments v. Turkey

9

2018

Corporación América and Kuntur Wasi v. Peru

10

2018

Corral v. Morocco

11

2018

Delta Belarus v. Belarus

12

2018

Doutremepuich v. Mauritius

13

2018

ELA v. Estonia

14

2018

Elliott v. Korea

15

2018

Emerge Gaming and Tantalum International v. Egypt

16

2018

Enagás v. Peru

17

2018

Ersoy v. Azerbaijan

18

2018

Galway Gold v. Colombia

19

2018

Gran Colombia v. Colombia

20

2018

GRAND EXPRESS v. Belarus

21

2018

HOCHTIEF v. Saudi Arabia

22

2018

Invenergy v. Poland

23

2018

Ipek v. Turkey

24

2018

Itochu v. Spain

25

2018

Kimberly-Clark v. Venezuela

26

2018

Lazareva v. Kuwait

27

2018

Lee-Chin v. Dominican Republic

28

2018

LSG Building Solutions and others v. Romania

29

2018

Manolium Processing v. Belarus

30

2018

Munshi v. Mongolia

31

2018

PACC v. Mexico

32

2018

Rand Investments and others v. Serbia

33

2018

Red Eagle v. Colombia

34

2018

Seo v. Korea

35

2018

Sunlodges v. Tanzania

36

2018

Telefónica v. Colombia

37

2018

Veolia Propreté v. Italy