Billion-dollar exposure: Investor-state dispute settlement in Mozambique’s fossil fuel sector

To facilitate the ability of shareholders and other stakeholders in the investments to bring claims under existing IIAs, many of the contracts (11 out of the 20 6 Billion-dollar exposure: Investor-state dispute settlement in Mozambique’s fossil fuel sector Table of contents 3 Mozambique’s Exposure to Contract-Based ISDS In addition to ISDS exposure under IIAs, Mozambique bypass the national judici. [...] This type of clause stipulates that changes to the law are not applicable to the project.57 ISDS Clauses The terms of this contract are binding during the term Every contract analyzed contains an ISDS provision of the project on the State, which undertakes not to allowing the investor to bring claims alleging harm change them unilaterally or to act in such a way as to suffered because of measures. [...] There are two types committing the state ‘at the core of its legislative sover- of fiscal stabilization clauses, and the first generally hews eignty,’ they constitute ‘an absolute block’ on its legislative close to the following: competence.”59 In the event that, after the Effective Date, any other A modestly less restrictive approach is the inclusion of tax that is not of the type set out in Arti. [...] These clauses the Parties will meet as soon as possible after the typically read along the lines of the following: occurrence of any of the aforementioned situations with a view to verifying and agreeing on the If there is a breach of the warranty set out in Article necessary changes to this contract in order to 11.6 [fiscal guarantees]65 or in the event that after the restore, as close as possibl. [...] The unpredictability of ISDS tribunals The Green Energy Transition and the Role of the 5 Mozambique is one of the 22 most makes such estimates even harder to calculate.