investor-state disputes | ISDS
3-Mar-2015 Global Arbitration Review As ICSID celebrates the 50th anniversary of its creation this week, a former acting secretary general of the centre, Nassib Ziadé, says it’s time to talk about some of its problems – including flawed appointment processes and a lack of guidance on arbitrator challenges.
Only small changes can be made to an investment protection clause in a trade pact between Canada and the European Union, European Trade Commissioner Cecilia Malmström said on Monday (10 November).
12-Nov-2014 The Nation
If a “high-standard” ISDS is included in the Trans-Pacific Partnership, the results could be catastrophic, especially for the environment and people fighting to protect the environment.
In an open letter Japanese & European groups call for transparency in the EU-Japan trade talks and removing the Investor-State Dispute Settlement mechanism (ISDS) from the Free Trade Agreement (FTA)
Jennifer Baker is joined by Richard More O’Ferrall, spokesperson for the Greens Group, to discuss the future of trade negotiations between the European Union and United States under the new Juncker Commission.
The editors of Transnational Dispute Management journal invite contributions to a special edition on CETA
4-Nov-2014 Litigation Daily
The Supreme Court on Monday shunned the republic’s latest appeal in a decade-long battle with BG Group plc, a British energy company that won a $185 million arbitration ruling against Argentina under a bilateral investment treaty.
4-Nov-2014 The Nation
The International Chamber of Commerce (ICC) has said Thailand is in urgent need of an arbitration law to facilitate settlements between Thai and foreign companies, so as to increase foreign investor confidence and prepare upcoming Asean Economic Community (AEC) next year.
3-Nov-2014 Green Left Weekly
Australian-based company OceanaGold is suing El Salvador for US$301 million for its “right” to continue operating a gold mine that is destroying the Central American nation’s water supply.
On 15 September Vrijschrift informed the European Parliament international trade committee that investor-to-state arbitration (ISDS) in the draft trade agreement with Canada is rigged to the advantage of the US. Today Vrijschrift informed the committee the same is true for the draft trade agreement with Singapore.
The Islamic Republic of Iran has won its first ever investor-state arbitration in a decision against Turkish mobile phone company, Turkcell.
This case illustrates the risk that a Member State can be successfully sued by a company within ISDS for merely bringing its legislation or policies in line with EU legislation.
28-Oct-2014 EU Trade Insights
As the debate in Europe over investors’ rights to sue States is growing, Singapore has been asking the European Commission to agree to a decoupling of the bilateral trade agreement as the country is concerned the investment protection part of the deal could hold up the entire pact.
TTIP/TAFTA – Quand un groupe suédois d’énergie réclame 4,7 milliards d’€ à l’Allemagne pour l’abandon du nucléaire
Le ministre de l’économie allemand Sigmar Gabriel a rendu public le mercredi 15 octobre le montant réclamé par Vattenfall, à savoir 4,7 milliards d’€. Rien à voir avec les quelques millions d’€ mentionnés un mois avant par son secrétaire d’Etat.
23-Oct-2014 European Voice
As Juncker gives reassurances to the European Parliament over free trade with the US, 14 member states are urging him to stick to the script.
Le futur chef de la Commission européenne, Jean-Claude Juncker, a ouvert la porte à une exclusion des tribunaux d’arbitrage de l’accord de libre-échange en cours de négociations avec les Etats-Unis, dans son discours d’investiture mercredi 22 octobre devant le Parlement européen.
The United States has floated excluding tobacco products from a key section of a 12-nation Pacific trade deal and signaled it may present a formal proposal to trading partners at talks in Australia.
22-Oct-2014 Central Telegraph
Uruguay files its defence against Philip Morris, a test case for big business lawsuits that could hit the EU through the transatlantic trade and investment deal with the US.
21-Oct-2014 The Conversation
The US is again driving the TPP agenda on behalf of its major export industries, but the TPP proposals are more extreme than the Australia-US FTA, writes Pat Ranald.
The European Trade Commissioner Karel De Gucht has warned that there will be no free trade agreement between the EU and US without the controversial investor-state dispute settlement (ISDS) clause.
16-Oct-2014 Wall Street Journal
Tobacco producers Indonesia, Cuba, Dominican Republic, Honduras and Ukraine are challenging Australia’s plain-packaging laws at the World Trade Organization, bolstering support for Philip Morris’ private dispute against Canberra.