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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.


Letter to the Government of Colombia and President Gustavo Petro Urrego
A new multi-organization letter to Petro and his government urges them to take the Santa Marta Conference as an opportunity to reject free trade agreements and investment protects systems that put profiteers over communities.
The legal block on climate action
Colombia has sent a strong signal about corporate influence over its climate policies as it gears up to host the first Conference on Transitioning Away from Fossil Fuels. Can the world follow?
Burford moves YPF dispute to ICSID after New York setback
Burford Capital has notified Argentina that it will take the long-running YPF expropriation dispute to the World Bank’s arbitration tribunal after losing a key case in New York, seeking to continue its claim through an international investment treaty mechanism.
Dubai’s Al Habtoor Group launches arbitration against Lebanon
Conglomerate said its investments in Lebanon were made based on the country’s legal and regulatory framework, as well as the protections offered under applicable international agreements.
ISDS is a threat to our collective future
Investor-state dispute settlement (ISDS) threatens a just transition from fossil fuels and the urgent need for a social and ecological transformation for people and the planet.
Unlocking the investment arbitration system to phase out fossil fuels
European governments should plan a coordinated exit from the current investment protection regime together with other participating countries.
European ISDS Scorecard
The European ISDS Scorecard ranks 30 European countries across 10 indicators that capture the scale of each country’s treaty network, its policy direction, and the real-world use and financial impact of ISDS by its investors.
Oschadbank initiates new international arbitration proceedings against the Russian federation over seized assets in four regions of Ukraine
Oschadbank has suffered the loss of substantial assets and operations in the Donetsk, Luhansk, Kherson, and Zaporizhzhia Regions due to Russia’s illegal conduct.
Switzerland, Bahrain sign investment protection agreement
Switzerland and Bahrain ​signed ⁠an agreement ‌protecting investors against ​political risks like discriminatory measures ​by the state ​and unlawful expropriation, guaranteeing the free ⁠transfer of investment payments, the Swiss government said.
Ethiopia scores major legal victory worth over $850 million
Ethiopia has recorded significant victories in two high-profile international arbitration cases, successfully defending claims valued at more than $850 million, according to the Ministry of Justice.
Panama’s copper crisis: What a $20b lawsuit says about investor power
A Canadian mining giant is using a $20 billion lawsuit to pressure Panama into reopening a controversial copper mine. The case exposes how international investment agreements can undermine democracy, and why experts are calling for fairer investment frameworks worldwide.
The next shoe drops. The Northback (Grassy Mountain) interests file an international investment law claim against Canada
In December 2024, the Australian parent companies of Northback Holdings filed a Request for Arbitration) with Canada under the terms of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
South Korea recovers record 9.6 billion won in ISDS case
The Ministry of Justice announced on the 15th that the South Korean government has fully recovered litigation costs from Schindler, a Swiss global elevator company, following its victory in an Investor-State Dispute Settlement case filed by the firm.
Investor protection blocking climate action
From 24-29 April 2026, Colombia and the Netherlands are co-hosting the First Conference on Transitioning Away from Fossil Fuels in Santa Marta. The goal is urgent and widely shared: to accelerate a just and orderly phase-out of coal, oil and gas.
Dutch real estate giant fails in EUR 425 million arbitral claim against Romania
Plaza Centers’ major dispute with Romania over a stalled development project, which has involved dual arbitrations, has seen ICSID dismiss the company’s claim on jurisdictional grounds.
Europe must address ISDS as a systemic barrier to a just transition
Current discussions around fossil fuel phase-out create a key opportunity to make progress on addressing this barrier. Civil society organisations are calling on European governments to explore and act on collectively disengaging from ISDS.
Explained: Why investor–state dispute settlement (ISDS) matters for the energy transition
Around the world, governments are at risk of being sued if they enact climate policies that may affect fossil fuel companies’ profits.
Statement from the Stop ISDS campaign to the government of President Gustavo Petro
Members of the “Stop ISDS” campaign express our support for Colombian government’s announcement on March 26, 2026, regarding Colombia’s withdrawal from the investment arbitration regime to protect transnational investors.
Colombia leads global south countries’ exit from ISDS
Colombia’s president has announced that the country will exit the International Investment Arbitration System (ISDS). This comes in the wake of an ongoing effort against ISDS and for the exit of countries in the Global South from these mechanisms.
How Britain got sued for stopping a coal mine
While energy bills spiral, public money could soon flow to an overseas fossil fuel company. Because a government dared to block a climate-wrecking coal mine.