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.
13-May-2019
Inequality
In more than two-thirds of the mining-related lawsuits against governments in the region, communities have actively organizing against the mining activities.
2-May-2019
Mining Watch
We analyzed 38 multi-million dollar claims brought by the mining industry using ISDS and other investment protection laws; in over half, communities are fighting to protect Indigenous territory, water, and more.
2-May-2019
Behind the Numbers
Canadian investors have frequently used the ISDS system to pursue their commercial interests abroad—too often to challenge responsible government policies taken in the public interest in developing countries.
30-Apr-2019
EU Observer
But legality should not be our main concern here. There are much better approaches to international investment and we should be considering them.
30-Apr-2019
Client Earth
In a disappointing judgment, the Court of Justice of the EU (CJEU) has ruled today that the investment court system in the Canadian EU trade agreement (CETA) is compatible with EU law.
30-Apr-2019
Stop ISDS
The judgement is disappointing but The case against ISDS (or its rebranded version ICS) has never been primarily a legal one. It is a moral one.
26-Apr-2019
Buenos Aires Times
French water and waste management company receives compensation from the government, settling one of its legal disputes with country dating back to Néstor Kirchner’s presidency.
26-Apr-2019
The Star
Kenya spends at least Sh500 million in defending a single case filed by investors at international courts under the Bilateral Investment Treaties, according to a regional trade negotiation institute.
25-Apr-2019
YubaNet
The company filed the suit in December 2018 for alleged violations of the Central America–Dominican Republic Free Trade Agreement (CAFTA-DR).
25-Apr-2019
S&P Global
EU plans to extend its internal energy market rules to Russia’s Nord Stream 2 natural gas link to Germany could breach the Energy Charter Treaty, which protects international investors, according to the Swiss-registered company building it.
24-Apr-2019
Al Jazeera
In 2015, Gabriel Resources sued Romania before of the ICSID, asking for a reported four billion dollars in damages, after protests halted plans for Europe’s largest gold mine.
23-Apr-2019
In These Times
To reduce emissions abroad, the US must renegotiate its trade agreements.
23-Apr-2019
The Guardian
Florida-based APR Energy sought compensation for treatment of its gas turbines.
22-Apr-2019
Business Recorder
Pakistan government is reportedly in talks with the Turkish government and M/s Karkey for an out-of-court settlement to avert attachment of Pakistan’s properties in Europe
18-Apr-2019
Korea Times
The Jeju provincial government has revoked the business license of a Chinese-owned for-profit hospital. The Chinese group may file a suit against the Korean government, using the investor-state dispute settlement system.
17-Apr-2019
Reuters
Guaido’s special prosecutor said has challenged the amount of the ICSID award, claiming “the methodology to determine the compensation was errant.”
11-Apr-2019
AFTINET
Detailed scrutiny of the text of the recent Indonesia trade deal has revealed that there are no provisions to cancel the old 1993 Indonesia-Australia bilateral investment agreement.
9-Apr-2019
Stop ISDS
A permanent Multilateral Investment Court pushed by the European Union could make ISDS worse by scaling it up.
9-Apr-2019
Calgary Herald
The Czech-based company Petrolama Namur Oil Sands Exploration filed a notice of dispute against Canada on March 29 over the delay in completing the expansion of the Trans Mountain pipeline.
8-Apr-2019
TNI
ISDS lawyers appear to hold administrative positions within the working group and are represented in large numbers in the advisory bodies that have been established for the working group.
