Corporate Europe Observatory

Exposing the power of corporate lobbying in the EU

Profiting from injustice

How law firms, arbitrators and financiers are fuelling an investment arbitration boom

  • Dansk
  • Nederlands
  • English
  • Suomi
  • Français
  • Deutsch
  • Ελληνικά
  • Italiano
  • Bokmål
  • Polski
  • Portuguese
  • Română
  • Slovenščina
  • Español
  • Svenska

A small club of international law firms, arbitrators and financial speculators are fuelling an investment arbitration boom that is costing taxpayers billions of dollars and preventing legislation in the public interest, according to a new report from the Transnational Institute and Corporate Europe Observatory.

Investment arbitration cases are brought by foreign investors against governments following alleged breaches of international investment agreements. Emblematic cases include tobacco giant Philip Morris suing Uruguay and Australia over health warnings on cigarette packets; and Swedish energy multinational Vattenfall seeking $3.7bn from Germany following that country’s decision to phase-out nuclear energy.

Profiting from Injustice uncovers a secretive but burgeoning legal industry which benefits from these disputes – at the expense of taxpayers, the environment and human rights. Law firms and arbitrators, who are making millions from investment disputes against governments, are actively promoting new cases and lobbying against reform in the public interest.

Download a PDF of the full report:
 

Attached files: 
Tag: 
Partner organisation: 
 
"There is de facto a systemic collusion between the Commission and business circles"
Civil society organisations denounce European Commission’s leaked proposal
On 17 April, Via Campesina, the D190-20 Alliance and Corporate Europe Observatory held a lobby tour around the Brussels European quarter, highlighting the corporate lobbies who are pushing an aggressive agenda around TTIP (the EU-US trade deal currently being negotiated). There was a particular emphasis on the impacts TTIP will have, if passed, for farmers' livelihoods, food standards, and for the way food is produced in the EU. The next negotiation round will take place on 20 April, this time in New York.
In response to the criticism of the controversial investor rights in TTIP, a number of law firms recently founded a think tank designed to protect the current investment arbitration system: The European Federation for Investment Law and Arbitration (EFILA).
"There is de facto a systemic collusion between the Commission and business circles"
The way in which the Commission has appointed the head of its “in-house think-tank” has demonstrated its woefully inadequate conflict of interest assessment for new appointments, says Corporate Europe Observatory. The conflict of interest assessment applied to the former chief of the Lisbon Council, Ann Mettler as head of the new European Political Strategy Center (EPSC) does not appear to have explored her close cooperation with some of the biggest corporate players in the digital and technology market. In CEO's view, this casts serious doubts on the independence of the advice that is to be given to President Juncker and his college of commissioners.
Civil society organisations denounce European Commission’s leaked proposal
On 17 April, Via Campesina, the D190-20 Alliance and Corporate Europe Observatory held a lobby tour around the Brussels European quarter, highlighting the corporate lobbies who are pushing an aggressive agenda around TTIP (the EU-US trade deal currently being negotiated). There was a particular emphasis on the impacts TTIP will have, if passed, for farmers' livelihoods, food standards, and for the way food is produced in the EU. The next negotiation round will take place on 20 April, this time in New York.

Alternative Trade Mandate

Corporate Europe Forum