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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.

Trade agreements pre-empt sissent: An interview with AFTINET’s Dr Patricia Ranald
30-Oct-2019 Sydney Criminal Lawyers
Interview with AFTINET convenor Dr Patricia Ranald about how the ISDS regime developed, the reasons why these mechanisms are so detrimental, and the impact the TPP-11 agreement could have on Australia.
Activists demand Trade Democracy at the site of Peterloo
30-Oct-2019 Trade Action Blog
200 years ago, democracy activists died in Manchester, while peacefully campaigning for the vote. On the bicentennial of the massacre, activists protested against the threat to democracy from the corporate court system.
Connecting trade and climate chaos
28-Oct-2019 The Ecologist
We must call for an end to the deregulatory ‘free trade’ and tax policies that make practices like re-importation and redundant trade profitable.
EU Member States agree on a plurilateral treaty to terminate bilateral investment treaties
28-Oct-2019 European Commission
EU Member States committed to terminate their intra-EU bilateral investment treaties in a coordinated manner by means of a plurilateral treaty.
Bad bilateral trade deals haunting Africa
28-Oct-2019 The East African
The growing number of legal suits that multinational companies are bringing against Tanzania and other African countries is a major concern.
Estado peruano pagaría US$ 2,000 millones el año 2022 por arbitraje del gasoducto en el CIADI
25-Oct-2019 Gato Encerrado
Peritos contratados por Enagás determinaron que el valor actualizado de los activos del Gasoducto que quedaron en manos del Estado (ductos, maquinarias, etc.) alcanza los US$ 1,980 millones.
India tries to loosen RCEP tangle ahead of Leaders Summit on November 4
22-Oct-2019 The Hindu Business Line
Indian negotiators are in Bangkok trying to insert crucial provisions in the proposed Regional Comprehensive Economic Partnership (RCEP) pact.
’$1.2b penalty in Karkey case likely to be waived’
21-Oct-2019 Express Tribune
International institutions, through high-level backdoor contacts, have agreed to waive off the $1.2 billion penalty Pakistan has to pay to Turkey’s Karkey, senior lawyer Babar Awan said.
Global climate laws threatened by rise in investor-state disputes
21-Oct-2019 Euractiv
A global rise in investor lawsuits against nation-sates is putting climate protection laws under threat, activists warn.
RCEP: As deadline looms, trade unions call out dangerous clauses
21-Oct-2019 People Dispatch
Negotiators representing 16 countries have been tasked with arriving at an agreement on the controversial Regional Comprehensive Economic Partnership by October 19 but trade unions say the deal has grave consequences.
AFTINET fears that assurances sought by Labor will not prevent harmful impacts from Indonesia and other trade deals
21-Oct-2019 AFTINET
Organisations representing millions of Australians wrote to Labor MPs last week asking them to implement their policies against harmful proposals including special rights for foreign investors to sue governments for millions over domestic laws.
Stop ISDS and support the Treaty to protect people and the planet
16-Oct-2019 CIDSE
How can you help? Sign the petition to stop ISDS!
Reko Diq challenge: government looking for out-of-court settlement
16-Oct-2019 Business Recorder
The Adviser to Prime Minister on Finance and the Attorney General for Pakistan are meeting with the company’s board.
ISDS lawsuit: When corporation ignores state sovereignty
15-Oct-2019 IGJ
The book aims to provide an understanding to the public about ISDS mechanism, by providing a clear description of real impact caused by ISDS lawsuit faced by Indonesia.
UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform
14-Oct-2019 IISD
Several states participating in the UNCITRAL process have already adopted viable alternatives to ISDS.
Commission presents procedural proposals for the Investment Court System in CETA
14-Oct-2019 European Commission
The European Commission today presented to the Council four proposals for specific rules putting in place the Investment Court System provisions in the EU-Canada trade deal.
ISDS in numbers
8-Oct-2019 TNI
Impacts of investment arbitration against African states.
International arbitration for Banco del Orinoco
7-Oct-2019 The Daily Herald
Bank of Orinoco has initiated an international arbitration against the Netherlands over alleged discriminatory and irrational measures by the government of Curaçao.
Tidal threatens legal action against Norway over stat fiddling investigation
3-Oct-2019 CMU
Tidal is threatening legal action against the whole country of Norway, which is certainly one way to deal with allegations that you fiddled the figures on a Beyonce record.
India may cut duties on 80% of Chinese imports under RCEP
2-Oct-2019 The Economic Times
India may cut or eliminate tariffs on 80% of products imported from China under a 16-country free trade agreement, the last round of negotiations for which is underway in Vietnam.