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.
30-Jul-2018
East African
Civil society organisations are pushing for a review of the BIT between Tanzania and The Netherlands which they say does not serve the best interests of Tanzania.
30-Jul-2018
AFTINET
“AFTINET will present evidence today to a Senate inquiry that the TPP-11 increases corporate rights at the expense of people’s rights and the environment and should not be implemented,” AFTINET Convener Dr Patricia Ranald said today.
25-Jul-2018
IGJ
Redlines for investment provision in RCEP negotiation
24-Jul-2018
Bangkok Post
The Thai government is about to enter a trade deal that could seriously harm the reform agenda and deprive communities of the ability to make decisions for fear of violating investors’ rights.
20-Jul-2018
Pulse
Schindler filed a notice of intent for arbitration on July 11. Under the ISD procedure, if the issue is not resolved through settlement in 90 days, the investor can take the case to the international tribunal.
18-Jul-2018
AFL-CIO
Those with the means to become international wheeler-dealers can access ISDS. The rest of us have to rely on public courts—the same ones that investors say are “inadequate” to handle their needs. That’s not fair, and that’s not right.
16-Jul-2018
The East African
Rwanda faces an international arbitration suit filed by two American firms contesting the cancellation of their mining concession.
16-Jul-2018
Bangkok Post
Ahead of the 23rd round of negotiations for the Regional Comprehensive Economic Partnership there has been growing concern over its investment chapters that will let foreign investors’ benefits overrride public interests.
13-Jul-2018
Korea Herald
US-based hedge fund Elliott Associates has officially filed for an investor-state dispute settlement against the South Korean government seeking $770 million in compensation for the merger between two Samsung Group affiliates.
12-Jul-2018
The Guardian
Recep Tayyip Erdoğan’s regime accused of illegally seizing company assets and breaching investment treaties involving Britain and other EU states.
6-Jul-2018
Agence Europe
At their 25th bilateral summit, in Brussels on 11 July 2018, the EU and Japan will sign their strategic partnership agreement.
3-Jul-2018
Business Insider
New York-based hedge fund Mason Capital Management has filed a legal claim seeking at least $175 million from the South Korean government as compensation for damages it says it sustained from a 2015 merger of two Samsung Group affiliates.
3-Jul-2018
Vaaju
Enagás has requested a proceeding before the ICSID against the Peruvian state after negotiating for six months without success to reach a friendly agreement in relation to the company’s investment in the Peruvian South Gas Management Project.
2-Jul-2018
The Guardian
Two years after an FOI claim was lodged, the price of the six-year fight with Philip Morris has been revealed
29-Jun-2018
The Edge Markets
Malaysia should review bilateral investment treaties to see if it is fair to remain in these trade agreements as some contain clauses that are seen to be biased to investors, said Third World Network adviser Martin Khor.
24-Jun-2018
Toronto Star
NAFTA is a corporate rights agreement, not a free-trade agreement in the original sense.
20-Jun-2018
Both Ends
Both ENDS sent a letter, signed by various civil society organisations, to the Dutch Minister of Aid & Trade to urge her to terminate the Bilateral Investment Treaty (BIT) that exists between the Netherlands and Burkina Faso.
20-Jun-2018
Sydney Morning Herald
Despite this growing rejection of ISDS, the Australian government claims that ambiguous general “safeguards” in the TPP-11 will protect public interest laws.
13-Jun-2018
TNI
The ever-expanding Energy Charter Treaty and the power it gives corporations to halt the energy transition.
13-Jun-2018
The Guardian
In arguing for a sunset clause to the Nafta trade agreement, this odious man is exposing the corruption of liberal democracy.
