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Hub News Article Nov 28, 2018

ISDS Trends: Cases Initiated in First 7 Months of 2018

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). Based on 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 (figure 1). As some arbitrations can be kept fully confidential, the actual number of disputes filed in this and previous years is likely to be higher.

Trends in known ISDS cases (31 July 2018)

Respondent States

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.

Home State of claimants

Developed-country investors brought most of the 37 new known cases. Investors from the United States and Canada initiated the most cases with 7 and 4 cases each.

Applicable investment treaties

All but three of the new cases are based on “old-generation” treaties concluded before 2010. The IIAs most frequently invoked in the first 7 months of 2018 were the Energy Charter Treaty (with 5 cases) and the Canada–Colombia FTA (3 cases).

UNCTAD's Investment Dispute Settlement Navigator

You can consult the ISDS Navigator to find more detailed information on new and past known ISDS cases (as of 31 July 2018). The ISDS Navigator will be updated in the first quarter of 2019 to cover developments until 31 December 2018.

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

Short case name

ACF v. Bulgaria

Alcor v. Czech Republic

Almasryia v. Kuwait

Baig v. Viet Nam

Bay View and Spalena v. Rwanda

Carrizosa Gelzis v. Colombia (I)

Carrizosa v. Colombia (II)

Cascade Investments v. Turkey

Corporación América and Kuntur Wasi v. Peru

Corral v. Morocco

Delta Belarus v. Belarus

Doutremepuich v. Mauritius

ELA v. Estonia

Elliott v. Korea

Emerge Gaming and Tantalum International v. Egypt

Enagás v. Peru

Ersoy v. Azerbaijan

Galway Gold v. Colombia

Gran Colombia v. Colombia

GRAND EXPRESS v. Belarus

HOCHTIEF v. Saudi Arabia

Invenergy v. Poland

Ipek v. Turkey

Itochu v. Spain

Kimberly-Clark v. Venezuela

Lazareva v. Kuwait

Lee-Chin v. Dominican Republic

LSG Building Solutions and others v. Romania

Manolium Processing v. Belarus

Munshi v. Mongolia

PACC v. Mexico

Rand Investments and others v. Serbia

Red Eagle v. Colombia

Seo v. Korea

Sunlodges v. Tanzania

Telefónica v. Colombia

Veolia Propreté v. Italy