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The Covid-19 pandemic and liability under investment treaties
COVID-19 can increase liability for countries under international investment treaties. Developing countries face imminent challenges under such treaties.
Treaty claims for cancelled or modified infrastructure projects in the wake of Covid-19
A recent ICSID tribunal has denied an investor’s claim concerning the development of an airport project in Latvia, which may have wider implications for infrastructure projects that may now be under feasibility reviews as a result of the Covid-19 pandemic.
A Canadian mining company is threatening to sue Mexico to avoid paying taxes... and is asking Canada to help them do it
Already, Mexico’s progressive reforms have made it an ISDS target. First Majestic, a Canadian silver mining company has been threatening Mexico for the last few years, under NAFTA’s Chapter 11.
Will the new NAFTA make the pandemic worse for Mexicans?
For Mexican workers, farmers, and the poor, the pandemic and the new treaty replacing NAFTA are a devastating one-two punch.
Corporations to sue states for pandemic billions
Corporations are busy weaponising obscure legal instruments to sue government for their actions to save lives and jobs during the coronavirus crisis.
Revisiting BITs in the wake of Covid-19
Amidst the global risk of ISDS claims, it is incumbent to shed light on Bangladesh’s BIT structure and its feasibility to confront ISDS claims in the backdrop of Covid-19 regulatory space.
Civil society groups sound alarm over COVID-19 claims in ’corporate courts’
Countries could be facing a wave of cases from transnational corporations suing governments over actions taken to respond to the Covid pandemic using a system known as investor-state dispute settlement, or ISDS. Some 630 organisations from across the world, representing hundreds of millions of people, are calling on governments in an open letter to urgently take action to shut down this threat.
Potential ISDS problems post Covid-19
The Transpacific Partnership Agreement involves investor - state dispute settlement clauses, which large companies may use ISDS to sue governments for actions they took to stop the spread of the virus.
Why we have to protect the NHS from trade deals
Without real protection for the NHS in any future trade agreement, we can only see bad news for patients, taxpayers and Health Boards around the country.
To get out of the crisis exacerbated by Covid-19: more than a hundred organizations and networks in the Arab region are launching a campaign for debt cancellation and getting rid of "free trade" agreements.
To get out of the crisis exacerbated by Covid-19: more than a hundred organizations and networks in the Arab region are launching a campaign for debt cancellation and getting rid of "free trade" agreements.
Open letter to governments on ISDS and COVID-19
We urge you to take immediate action to ensure that the duty of governments to regulate in the public interest is safeguarded and put beyond the scope of ISDS claims.
Africa-wide trade deal will push ahead despite coronavirus wrath
Even if the pandemic continues into 2021, the African Continental Free Trade Area will move ahead, a top official says.
Preparing for the COVID aftermath
Arbitration cases due to COVID emergency measures would exacerbate the challenges that public budgets are already facing due to the need for stimulus measures and the difficulty in collecting government revenue.
Why we need a moratorium on investment disputes during COVID-19
We call for a moratorium on investor-state arbitration cases and clarity of legal principles to ensure that governments have the policy space to protect their citizenry and combat the epidemic.
Corporate lawsuits could devastate poor countries grappling with Covid-19
Wealthy corporations may use trade courts to keep public health measures from cutting into their profits.
As COVID-19 continues, governments must shield emergency measures from investor-state arbitration
Governments worldwide need the policy space now to issue economic support packages and protect their public health systems, without worrying that their budgets could face even more strain from an all-consuming wave of arbitration.
Digital trade rules and Big Tech: Surrendering public good to private power
As tech giants emerge as the undisputed winners of the Covid-19 crisis, they continue to use free trade agreements to protect themselves from regulation.
Client alert: What are the implications of the COVID-19 pandemic for States and investors under the Energy Charter Treaty
The COVID-19 pandemic has led States to adopt various public health measures that adversely affect foreign investors and exacerbate broader economic issues. In this climate, there is significant potential for disputes under the ECT.
Cashing in on the pandemic: How lawyers are preparing to sue states over COVID-19 measures
As governments take action to fight the COVID-19 pandemic and prevent economic collapse, they could face multi-million dollar lawsuits.
Exclusive: Countries to face a ‘wave’ of corporate lawsuits challenging emergency COVID-19 measures
Research claims top law firms are preparing to ‘cash in’ on the pandemic by helping corporations sue states for measures that have impaired profits.