Foreign investors have sued governments in numerous cases under investment treaties and investment contracts. These lawsuits give rise to debate because of their potential impacts on government decision-making, their cost, and the manner in which they are decided.
Known cases, up to May 2010, can be searched in the IIAPP database. The database provides descriptive information and points to avenues for further research on particular cases. Information in the database is not comprehensive because international investment arbitration in some forums is highly confidential and because the database does not include arbitrations under investment contracts.
Who has been sued? Whose nationals have been suing?
The IIAPP database is searchable by name of the respondent state. The search results also indicate the primary nationality of the claimant.
What areas of policy are affected?
Investment treaty cases have affected different areas of policy. Below is an outline of policy areas that appear, from the text of publicly-available arbitration awards, to be engaged by cases in the IIAPP database. Summaries of some cases are provided as examples; other cases can be identified by searching the database. The cases identified below, or searches of the database, may not be exhaustive of cases affecting a given policy area.
Examples of policy areas (full list of categories and sub-topics):
employment: Eastern Sugar v Czech Republic
environmental protection: Burlington Resources v Ecuador, Chemtura v Canada, Clayton/ Bilcon v Canada, Glamis Gold v United States, Lucchetti v Peru, Plama v Bulgaria, SD Myers v Canada, Vattenfall v Germany
health care: Howard/ Centurion Health v Canada
indigenous rights: Burlington Resources v Ecuador, Glamis Gold v United States
social security: Continental Casualty v Argentina
sovereign borrowing: Beccara v Argentina
taxation: Plama v Bulgaria
water: Aguas del Tunari v Bolivia