What is the Dutch ISDS Datahub?

The ISDS Datahub, developed by SOMO and Both ENDS, provides an overview of the Netherlands’ extensive network of bilateral investment treaties (BITs) with investor-state dispute settlement (ISDS) 1 provisions and the disputes arising from them.

The Netherlands is one of the most important players in the global ISDS system. Its treaty network is widely used by multinational corporations – including fossil fuel companies – to bring claims against governments’ policies that might affect their investments. At the same time, the Netherlands itself has increasingly become a target of such claims.

This Datahub supports civil society organisations,  policymakers, researchers and journalists in understanding where ISDS risks arise, how long they persist, and how they relate to climate policy, public budgets and democratic decision-making.

It also complements our broader work on phasing out ISDS, including an analysis of how ISDS affects a just transition away from fossil fuels, and a roadmap outlining practical pathways for governments to reduce ISDS exposure.

Explore ISDS cases brought by Dutch investors abroad

This database tracks known ISDS cases brought by investors using Dutch treaties. 

The Netherlands is frequently used as a gateway for treaty-shopping. Many claims are filed through so-called “mailbox” companies – entities with little or no real economic activity in the Netherlands – set up to access its extensive and investor-friendly treaty network.

The database allows to explore:

• Which companies have used Dutch treaties
• Which countries have been targeted
• Which sectors are involved (including fossil fuels), and
• The amounts claimed and awarded (where available)

The dataset includes only publicly known cases. Many ISDS disputes remain confidential and undisclosed, meaning the actual number of cases is likely higher.

Examine ISDS cases against the Netherlands

This database provides an overview of known ISDS cases brought against the Netherlands.

These cases illustrate how ISDS can also affect Dutch policymaking, including in areas such as climate and energy policy, public safety, taxation and other regulatory measures.

Recent cases linked to fossil fuel phase-out policies highlight the financial and legal risks the Dutch government faces when implementing climate and environmental action.

The database allows to explore:

• Which investors have brought claims against the Netherlands
• Which treaties were used (e.g. the Energy Charter Treaty)
• The sectors involved, and
• The status and outcomes of cases

As with cases brought abroad, this dataset includes only publicly available information. Some proceedings may not be disclosed.

Track when Dutch investment treaties can be terminated

The interactive map shows all Dutch investment treaties with ISDS provisions currently in force, and highlights when they can be terminated. 

Each treaty includes:

• An entry into force date
• An initial duration (often 10-15 years)
• Automatic renewal periods (typically 10 years), and
• A notification deadline (usually 6 months before renewal)

To terminate a treaty unilaterally, the Netherlands – or its treaty partner – must send a formal notification before this deadline. Missing it can lock the treaty in for another decade or more. Some treaties have no fixed duration and can be terminated at any time, provided the notification period is respected. The map visualises the latest termination deadlines, helping identify when action is required to avoid automatic renewal.

Even if treaties are terminated, most include “sunset clauses” that extend investor protections for 10-20 years. Understanding termination timelines is therefore essential for reducing long-term ISDS exposure.

Questions and contact

Do you have questions about the data, methodology or findings? Would you like to collaborate or use the dataset for research or advocacy? Get in touch with us at b.verbeek@somo.nl or f.hernandez@bothends.org. 

This Datahub is using data until March 2026.

Acknowledgements

SOMO and Both ENDS would like to thank Botan Kayhan for his research assistance.