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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.

RCEP’s digital trade negotiations remain shrouded in secrecy
17-May-2017 Electronic Frontier Foundation
There has also been no official release of the chapters and textual proposals related to rules that are being tabled.
Nigeria and Morocco move towards a “new generation” of bilateral investment treaties
16-May-2017 EJIL: Talk!
The treaty is an important attempt by two developing countries to move toward a new generation of BITs fully aligned with the evolution of international law.
Singapore trade deal cannot be concluded by EU alone, ECJ rules
16-May-2017 EurActiv
The European Union will have to secure approval from national parliaments in order to finalise a free trade deal with Singapore. The bloc’s top court ruled that the agreement in “its current form” cannot be handled by the Commission acting alone.
Is international investment law moving the ball forward on IHRL obligations for business enterprises?
15-May-2017 EJIL: Talk!
While the debate on the treaty regulating business impact on human rights is likely to continue for a while longer, some recent developments in international investment law seem to be moving forward on international human rights law obligations for businesses
Withdrawal from investment treaties: An omen for waning investor protection in Asia-Pacific?
15-May-2017 Lexology
While India and Indonesia may have withdrawn from existing BITs, this does not necessarily leave foreign investors without any protection.
Protests mark RCEP Manila rounds
12-May-2017 People Over Profit
#NoRCEP week of actions at the 18th TNC Meeting of the Regional Comprehensive Economic Partnership
Morocco and Nigeria sign new investment treaty
11-May-2017 ISDS Blog
Morocco and Nigeria signed a new investment treaty, which is a good illustration of the new “generation” of investment protection.
Ecuador’s Correa takes last stand of sovereignty against harmful investment pacts
11-May-2017 Tele Sur
Just days before his term ends, Rafael Correa said he will take a stand against agreements signed before the country’s Citizens Revolution.
ICSID committee annuls nearly 90% of award against Venezuela
9-May-2017 Lexology
An International Centre for Settlement of Investment Disputes (ICSID) Committee has annulled nearly 90% of the US$1.6 billion Award which had been won by ExxonMobil affiliates in their ICSID arbitration against Venezuela.
Spain loses first arbitration claim over cuts to renewable energy subsidies
9-May-2017 El País
Spain has lost its first international arbitration process over cuts to renewable energy subsidies
RCEP will hurt local industry and allow workers’ exploitation, says civil society
9-May-2017 Down to Earth
RCEP is being negotiated in secrecy, but it is likely to favour big companies and threaten India’s agriculture, industry and e-commerce sectors
Stop trading workers’ rights over profits
8-May-2017 Forum on FTAs
RCEP magnifies existing inequalities and discriminates against women, indigenous peoples, people living with HIV or other illnesses, people with disabilities,rural communities, farmers and workers
Australia-US free trade agreement leaves US companies in the lurch
5-May-2017 The Hill
The lack of a defined procedure under the AUSFTA is extremely prejudicial to U.S. companies and banks: chairman of APR Energy
Beyond investment protection: group warns of intensified corporate attacks vs people’s rights as ASEAN leaders meet in PH
5-May-2017 People Over Profit
The People Over Profit network together with local civil society organizations in the Philippines warn of intensifying corporate attacks on people’s rights and join calls for an independent, sovereign and peaceful Southeast Asian region.
RCEP: Corporations could sue governments
3-May-2017 AFTINET
ISDS is increasingly being used by global corporations to challenge health, environment and other public interest laws.
High Court the final authority? Think again
2-May-2017 Sydney Morning Herald
US mining company Nucoil is using a free trade agreement to put pressure on the Australian government to pay compensation over cancelled licences.
Negotiations this week on EU-Myanmar Investment Protection Agreement
2-May-2017 European Commission
Negotiators discussed the EU’s reformed approach to investment protection and investment dispute resolution.
TRIPS flexibilities under threat from investment disputes: a closer look at Canada’s “win” against Eli Lilly
28-Apr-2017 IP Watch
Although Canada won in a unanimous decision, the ruling does not, however, guarantee domestic discretion going forward, contrary to the suggestion of some.
Employment crisis and free trade agreements( FTAs) : Why workers should reject RCEP
27-Apr-2017 Forum against FTAs
Trade unions, farmers groups, health activists, and other people’s movements are planning to organise a series of events to put pressure on the Government of India to withdraw from RCEP negotiations.
FinMin to look into changes sought by Canada in draft bilateral treaty
27-Apr-2017 The Hindu
Enormous political pressure to get the bilateral, economic treaties off the ground, say officials.