Despite challenges, the experiences of South Africa and Brazil demonstrate that there is room for genuine reimagination of the investment regime, where the interests of investors are matched with the development concerns of host countries.
These claims come at a significant cost to target countries and their citizens, since these claims will ultimately be paid by a large underrepresented class of stakeholders: the public.
A range of labour, health and environmental organisations are calling for a clause to be inserted into the CPTPP Amendment Bill that would prevent future governments from extending investor-state dispute settlement to countries seeking to join the agreement.
BBVA has requested arbitration under the investment agreement between Spain and Bolivia with respect to the transfer of BBVA Previsión AFP (Pension Fund Administrator) to the Government of Bolivia.
An arbitration tribunal found that Spain’s electricity reforms breached its obligation to accord to the investor fair and equitable treatment under the Energy Charter Treaty
As states look back over decades of treaty practice, the expected benefits have not clearly materialized, whereas the costs have been unexpectedly high.