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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.

How Britain got sued for stopping a coal mine
3-Apr-2026 Global Justice Now
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.
Starcom files €150 million investment treaty claim against San Marino in escalating ‘bank heist’ saga
2-Apr-2026 EUalive
The filing marks the first time a foreign investor has openly threatened treaty-based arbitration against San Marino over its handling of a major banking transaction
Podcast | How Russian oligarchs are suing Ukraine in wartime
1-Apr-2026 Follow The Money
In the midst of war, Russian oligarchs are suing Ukraine – not in Moscow or Kyiv, but through European trade treaties and arbitration courts in Washington.
Emmerson submits $1.215bn arbitration claim over Khemisset potash project
30-Mar-2026 Yabiladi
Morocco-focused potash developer Emmerson PLC said on Monday it had submitted a $1.215 billion damages claim, including interest and net of local taxes, in its arbitration case against Morocco.
Guinea, Emirates Global Aluminium near deal to resolve asset dispute, sources say
30-Mar-2026 Reuters
Guinea has reached an agreement with Emirates Global ‌Aluminium that will avert a looming arbitration over last year’s seizure of the miner’s local unit.
Petro says Colombia will pull out of investor protection treaties
27-Mar-2026 Colombia Reports
President Gustavo Petro said that Colombia will pull out of investor protection treaties that allow foreign corporations to sue the State over perceived losses before international tribunals.
BHMB mining sues Nicaragua for $80 million, citing illegal expropriation of gold facility
26-Mar-2026 La Prensa
The dispute goes now to a World Bank body after the abrupt takeover of a gold-processing facility now reportedly controlled by Chinese companies.
Cadence Minerals secures funding for Mexico arbitration case
25-Mar-2026 Investing.com
The funding arrangement enables Cadence and its subsidiary REM Mexico Limited to commence international arbitration against the Mexico under the UK-Mexico bilateral investment treaty.
South Korean government, Elliott restart ISDS arbitration
25-Mar-2026 The Chosun
Both parties drop appeals, sending Samsung merger dispute back to arbitration.
Letter from 220 economists and legal scholars to Colombian President Gustavo Petro calling for action on ISDS
24-Mar-2026 Global Development Policy Center
We write to you as economists and legal scholars deeply concerned that investor-state dispute settlement (ISDS) poses a serious obstacle to building prosperous, equitable, and sustainable societies.
Do trade deals put public health care up for sale?
24-Mar-2026 CCPA
Alberta’s promised two-tier transition comes with unacknowledged threats from trade and investment agreements.
Australian mining billionaire sues Canada for $2 billion
20-Mar-2026 The Tyee
Gina Rinehart’s Northback demands feds pay for finding the Grassy Mountain project too toxic to proceed.
How foreign investor lawsuits stymie environmental protection
20-Mar-2026 Mongabay
New data reveal that lawsuits filed by corporations against Latin American and Caribbean countries are increasing, undermining government efforts to implement policies that could benefit the energy transition, human rights and the environment.
Singapore-based energy firm Sinolam files arbitration request against Panama
20-Mar-2026 The Straits Times
Singapore-based energy developer Sinolam International has filed for arbitration before a World Bank international court against Panama following the cancellation of its licence for a gas-fired power generation project.
Canada’s foreign investment problem is heading to arbitration
19-Mar-2026 Politis
Arbitration claims are costly to defend, politically sensitive, and, regardless of outcome, signal uncertainty to global investors.
Written notification of withdrawal from the Energy Charter Treaty
18-Mar-2026 Energy Charter
On 16 March 2026, Iceland deposited with the Energy Charter Secretariat, in its capacity as the Depositary of the Energy Charter Treaty on an interim basis.
Guinea faces second arbitration in six months over revoked mining permits
17-Mar-2026 Ecofin
Falcon Energy Materials, a UAE-based company, said it had initiated international arbitration proceedings against Guinea, alleging the “illegal expropriation” of its Lola graphite project.
S. Korea wins int’l arbitration case against elevator maker Schindler
16-Mar-2026 Yonhap
South Korea has won an international arbitration case brought by Swiss elevator manufacturer Schindler Holding AG, avoiding a potential payout of 320 billion won ($211.4 million) in damages, the justice ministry said.
Empowerment or exploitation? The false promise of a women-inclusive trade deal
13-Mar-2026 bilaterals.org
The Canada-Indonesia trade deal’s “women-inclusive” label masks a neoliberal agenda that benefits Canadian corporations more than Indonesian women. It exploits feminist language to legitimize market expansion, while reinforcing structural inequalities—especially the burden of unpaid care work on women—and enabling corporate power through costly investor rights (ISDS). True gender justice requires systemic change, not just market inclusion.
Honduras signs the ICSID Convention
10-Mar-2026 ICSID
The President of the Republic of Honduras today signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, also known as the ICSID Convention.