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.
2-Jan-2017
Latin American Herald Tribune
The annulment committee formed by the World Bank’s ICSID has ruled that Venezuela must pay oil services company Tidewater $37 million for the expropriation of its ships and rigs in 2009.
29-Dec-2016
Kluwer Arbitration Blog
While India has been reshaping its arbitration laws and investment climate, the jury is still out on whether these measures will actually help create a more secure legal environment for investors.
21-Dec-2016
AFL-CIO
It is important that everyday working people’s perspectives lead the debate, starting with how to rewrite NAFTA.
21-Dec-2016
Investment Claims
The recent signature of the Argentina-Qatar Bilateral Investment Treaty (BIT) and the imminent signature of an Argentina-Japan BIT represent a shift in Argentina’s BIT policy.
19-Dec-2016
Sierra Club
What connects two proposed gold mines, one in the high-altitude wetlands of Colombia and one in the Carpathian Mountains of Romania?
19-Dec-2016
Kluwer Arbitration Blog
Might Brexit trigger foreign investor claims against the United Kingdom?
16-Dec-2016
Friends of the Earth International
RCEP also includes the controversial Investor-State Dispute Settlement mechanism (ISDS), which is facing increasing public criticism and scrutiny worldwide.
16-Dec-2016
The News
Pakistan favours the resolution of trade disputes through established multilateral settlement systems instead of ad-hoc tribunals, an official said.
15-Dec-2016
Jakarta Post
The Indonesian government should stick to its policy of removing the investor-state dispute-settlement (ISDS) mechanism from its bilateral investment or trade treaties.
15-Dec-2016
Reuters
A World Bank tribunal ordered Venezuela to pay steelmaker Tenaris SA $162 million for expropriating two investments in the country
15-Dec-2016
Bloomberg
The European Union and Canada will launch a proposal for a new global investment court system for settlements of disputes between states and foreign investors over discriminatory treatment.
14-Dec-2016
Live Mint
If we can manage our own economies well, new trade pacts will become largely redundant.
12-Dec-2016
Investing News Network
The claim relates to Eco Oro’s dispute with Colombia in relation to State measures that have destroyed the value of its investments in the Colombian mining sector.
8-Dec-2016
DW
Germany’s highest court has ruled in favor of three power companies in a dispute over a government decision to phase out nuclear energy. Vattenfall is also suing at the International Center for Settlement of Investment Disputes (ICSID).
8-Dec-2016
ABC News
A new report finds that corporations have launched 50 lawsuits, worth at least $US31 billion, using secret international arbitration tribunals against 11 countries in the Asian region.
7-Dec-2016
Digital Look
A tribunal has struck out a claim by Churchill Mining for damages after Indonesia’s government revoked its licence for a coal project.
7-Dec-2016
Lexology
The conclusion of negotiations between India and Brazil culminating in a near-final treaty between the two nations.
6-Dec-2016
ABC
The problem with free trade deals is they rarely are about trade. In fact, trade usually is a side issue. And the TPP was a classic case in point.
6-Dec-2016
Newstalk
Officials in Brussels have announced that they are close to securing a free trade agreement with Japan.
1-Dec-2016
Jakarta Post
Indonesia will seek a win-win outcome for the Comprehensive Economic Partnership Agreement (CEPA) with the European Union, having exchanged views on a number of crucial sticking points ahead of the next round of negotiations in January.
