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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.

The new Canada-Ecuador trade deal pushes anti-democratic trade policy
27-Feb-2025 CCPA
Amidst all the chaos brought on by Trump’s tariff threats, Canada’s federal trade minister celebrated a minor win this month: the finalization of a trade agreement with Ecuador.
Honduras tops ICSID disputes list in 2024
21-Feb-2025 CDR
The centre’s latest caseload statistics reveals 55 new arbitrations were lodged in 2024. Honduras was involved in five of them.
Good for mining but bad for democracy? Why Indigenous groups in Ecuador oppose free trade deal with Canada
17-Feb-2025 CBC
Ecuador’s largest Indigenous organization is vowing to fight a now-concluded free trade agreement with Canada, warning it could encourage human rights abuses in the ecologically and culturally diverse South American country.
Belaruskali demands €12bn in damages from Lithuania over transit sanctions
4-Feb-2025 LRT
Belarusian potash fertiliser producer Belaruskali wants 12 billion US dollars in compensation from Lithuania after it suspended transit shipments across its territory in 2022.
Model Bilateral Investment Treaty to be made more investor friendly: FM
3-Feb-2025 The Hindu BusinessLine
Revamp will help expedite new BITs with partner countries; may push FTA talks.
Uruguay faces five international lawsuits
30-Jan-2025 Prensa Latina
Uruguay is currently facing five international lawsuits, according to the future Pro-secretary of the Presidency, Jorge Lopez, of the Frente Amplio government that will take office on March 1.
The Slovak Republic won the arbitration proceedings against the American company Discovery Global LLC
27-Jan-2025 Ministry of Finance of the Slovak Republic
The subject of the dispute was the issue of conducting geological exploration for the purpose of future exploitation of oil and natural gas.
Tanzania, British developer head back to ICSID after stalled talks
27-Jan-2025 The Citizen
Tanzania and British developer Pennyroyal Limited could find themselves back to the International Centre for Settlement of Investment Disputes (ICSID) after talks between the two parties failed to yield an agreement.
Venezuela loses multi-billion dollar ConocoPhillips ICSID appeal
27-Jan-2025 Venezuelanalysis
The US oil giant has launched multiple efforts to collect international arbitration awards against the Caribbean nation.
Lithuania rejects Belaruskali claims in arbitration lawsuit
22-Jan-2025 LRT
After Belarusian potash fertiliser giant Belaruskali filed a lawsuit against Lithuania to the International Court of Arbitration, Lithuania says it does not agree with the allegations.
Romania wins EUR 256 mln arbitration with solar parks investors
21-Jan-2025 Romania-Insider
Romania has won an international arbitration case brought by investors in renewable energy, avoiding EUR 256 million in claimed damages.
Colombia and the US sign an agreement to balance investments in the FTA
17-Jan-2025 América Economía
The new interpretative note on the investment chapter of the FTA seeks to avoid legal abuses and protect the sovereignty of both countries without affecting incentives for foreign investment.
US-Colombia FTA: Interpretations of the investment chapter (Jan 2025)
17-Jan-2025 USTR
Senators demand US trade chief Tai halt late talks on investor protections
16-Jan-2025 Reuters
A bipartisan group of US senators called on US Trade Representative to stop negotiations with Mexico, Canada and Colombia that they say would weaken investor protections in some US free trade deals during the Biden administration’s final days.
New AFTINET explainer: why ISDS is a threat to climate action
15-Jan-2025 AFTINET
This explainer sheds light on how Clive Palmer is using Investor-State Dispute Settlement provisions in trade agreements to claim up to $420 billion from the Australian government.
AB InBev takes on Peru over tax bill
14-Jan-2025 CDR
The global beer brewing giant has filed an ICSID challenge to the Peruvian tax authority’s attempts to recover an outstanding tax bill and its refusal to allow refunds.
Tunisia to face sand mining claim
9-Jan-2025 CDR
Minerali Industriali is taking action under the Italy-Tunisia bilateral investment treaty for alleged mistreatment related to its sand mining and processing business.
Colombia is defending its sovereignty from the power of global corporations
6-Jan-2025 Al Jazeera
Trade deals can allow international corporations to trample over the rights of governments in the Global South. That is the message from the Colombian government, which describes the effect of such deals as a “bloodbath” for their national sovereignty.
Nations are exiting a secretive system that protects corporations. One country’s story shows how hard that can be
3-Jan-2025 Inside Climate News
Bolivia was the first nation to begin leaving a legal system that allows foreign companies to sue governments behind closed doors. Now, other countries are following.
Emmerson secures litigation funding for Morocco claim
3-Jan-2025 CDR
The company has secured up to USD 11 million in funding against the North African state.