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investor-state disputes | ISDS

Investor-state dispute settlement (ISDS) refers to a way of handling conflicts under international investment agreements whereby companies from one party are allowed to sue the government of another party. This means they can file a complaint and seek compensation for damages. Many BITs and investment chapters of FTAs allow for this if the investor’s expectation of a profit has been negatively affected by some action that the host government took, such as changing a policy. The dispute is normally handled not in a public court but through a private abritration panel. The usual venues where these proceedings take place are the International Centre for Settlement of Investment Disputes (World Bank), the International Chamber of Commerce, the United Nations Commission on International Trade Law or the International Court of Justice.

ISDS is a hot topic right now because it is being challenged very strongly by concerned citizens in the context of the EU-US TTIP negotiations, the TransPacific Partnership talks and the CETA deal between Canada and the EU.

NAFTA & environmental laws: Ethyl Corp. v. Government of Canada
30-Jan-2014 Global Policy Forum
Chemical firm uses trade pact to contest Environmental Law
Critics score against extreme corporate rights in TTIP, but must not be fooled by the Commission’s tricks
25-Jan-2014 CEO
This week, the European Commission announced a freeze in negotiations over dangerous corporate rights in the proposed EU-US trade deal (Transatlantic Trade and Investment Partnership, TTIP) and that it would conduct a public consultation on the issue.
The global fight against corporate rule
25-Jan-2014 The Nation
Activists are challenging rules that grant corporations the right to sue governments, write Robin Broad and John Cavanagh
US, EU negotiators say obstacles won’t delay trade accord
24-Jan-2014 WSJ
The chief trade negotiators of the US and the European Union admitted obstacles to a trans-Atlantic free trade agreement, but said a European decision to open public consultations over proposed procedures to settle investment disputes wouldn’t delay the accord.
Reform of investor-state dispute settlement: In search of a roadmap
24-Jan-2014 TDM
Transnational Dispute Management examines various proposals for the reform of ISDS.
Ecuador: International support crucial in battle with Chevron
23-Jan-2014 EFE
Ecuador’s hopes of winning a legal struggle against US oil supermajor Chevron Corp. pertaining to a multi-billion-dollar pollution judgment rest on the degree of "global solidarity" with the Andean nation, Foreign Minister Ricardo Patiño said Wednesday.
A BIT of a secret
22-Jan-2014 Indian Express
India’s bilateral investment treaty arbitration must be made more transparent.
Brussels seeks to curb investor litigation under trade deals
22-Jan-2014 FT
EU trade commissioner Karel de Gucht pledged to release a proposed negotiating text of the investment chapter of any deal in March.
UE suspende parcialmente negociaciones de libre comercio con EEUU
21-Jan-2014 Reuters
La Comisión Europea suspendió hoy en parte las negociaciones de libre comercio con Estados Unidos, según anunció el comisario de Comercio, Karel de Gucht, que explicó que en los próximos tres meses habrá que realizar una consulta sobre unas polémicas cláusulas para proteger las inversiones de las empresas.
Proposed changes to the investment dispute-resolution system: A South American perspective
21-Jan-2014 ITN
Perhaps because so many countries in the region have faced multiple international investment arbitrations based on multi-million dollar claims for compensations, a number of alternatives to the current system of investment dispute resolution have been drawn up.
Smart move: Argentina to leave the ICSID
21-Jan-2014 CILJ
Given the substantial problems with the current ICSID framework and the large number of cases currently pending against Argentina, denouncing the SID Convention and leaving the ICSID is the best course for the country.
S2B analysis on ISDS and CETA
21-Jan-2014 S2B
Seattle to Brussels Network analysis of the European Commission’s note on “Investment Provisions in the EU-Canada free trade agreement”
Sovereignty fears lead to EU-US trade rethink
21-Jan-2014 The Independent
The European Commission is to rethink its approach to a controversial US trade deal which campaign groups in the UK have warned would fundamentally erode Britain’s sovereignty.
US firm’s FTA plan to keep mine
17-Jan-2014 The Australian
An American investor plans to invoke the US-Australia Free Trade Agreement to prevent the NSW government cancelling a coal exploration licence that the Independent Commission Against Corruption said is tainted by corruption and should be expunged.
The global fight against corporate rule
15-Jan-2014 The Nation
Activists are challenging rules that grant corporations the right to sue governments.
Born’s BAT gets set to fly
15-Jan-2014 Mondaq
A proposal for a new form of international arbitration, with states abandoning sovereign rights to commercial dispute litigation in favor of resolution by arbitration, has provoked wide public interest and is now being drafted into an international model treaty.
Philip Morris, Australia and the fate of Europe’s trade talks
13-Jan-2014 Inside Story
Australia’s clash with Philip Morris over plain packaging has disrupted trade talks between the United States and Europe, reports James Panichi in Brussels
Protecting foreign investments in Sub-Saharan Africa: The SADC and its protocol on finance and investment
9-Jan-2014 Mondaq
The SADC protocol on investment provides rights to investors, including investor-state dispute settlement provisions, in southern Africa no matter what country they hail from. Thus, it goes way beyond typical bilateral investment treaties (BITs) while protecting foreign companies operating in SADC countries without BIT coverage.
Explaining ISDS
8-Jan-2014 FTA Watch
A five-minute video from FTA Watch (Thailand)
A Canadian court is allowing Ecuadorians to pursue their long-running pollution suit against Chevron
4-Jan-2014 Public Radio International
Last month, a judge ruled that the Ecuadorians can pursue their case against Chevron in Canada.