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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.

Panama’s copper crisis: What a $20b lawsuit says about investor power
16-Apr-2026 Triple Pundit
A Canadian mining giant is using a $20 billion lawsuit to pressure Panama into reopening a controversial copper mine. The case exposes how international investment agreements can undermine democracy, and why experts are calling for fairer investment frameworks worldwide.
South Korea recovers record 9.6 billion won in ISDS case
16-Apr-2026 The Chosun
The Ministry of Justice announced on the 15th that the South Korean government has fully recovered litigation costs from Schindler, a Swiss global elevator company, following its victory in an Investor-State Dispute Settlement case filed by the firm.
Investor protection blocking climate action
16-Apr-2026 SOMO
From 24-29 April 2026, Colombia and the Netherlands are co-hosting the First Conference on Transitioning Away from Fossil Fuels in Santa Marta. The goal is urgent and widely shared: to accelerate a just and orderly phase-out of coal, oil and gas.
Dutch real estate giant fails in EUR 425 million arbitral claim against Romania
15-Apr-2026 CDR
Plaza Centers’ major dispute with Romania over a stalled development project, which has involved dual arbitrations, has seen ICSID dismiss the company’s claim on jurisdictional grounds.
Europe must address ISDS as a systemic barrier to a just transition
14-Apr-2026 CAN Europe
Current discussions around fossil fuel phase-out create a key opportunity to make progress on addressing this barrier. Civil society organisations are calling on European governments to explore and act on collectively disengaging from ISDS.
Explained: Why investor–state dispute settlement (ISDS) matters for the energy transition
14-Apr-2026 E3G
Around the world, governments are at risk of being sued if they enact climate policies that may affect fossil fuel companies’ profits.
Statement from the Stop ISDS campaign to the government of President Gustavo Petro
13-Apr-2026 Stop ISDS campaign
Members of the “Stop ISDS” campaign express our support for Colombian government’s announcement on March 26, 2026, regarding Colombia’s withdrawal from the investment arbitration regime to protect transnational investors.
Colombia leads global south countries’ exit from ISDS
10-Apr-2026 PSI
Colombia’s president has announced that the country will exit the International Investment Arbitration System (ISDS). This comes in the wake of an ongoing effort against ISDS and for the exit of countries in the Global South from these mechanisms.
How Britain got sued for stopping a coal mine
3-Apr-2026 Global Justice Now
While energy bills spiral, public money could soon flow to an overseas fossil fuel company. Because a government dared to block a climate-wrecking coal mine.
Starcom files €150 million investment treaty claim against San Marino in escalating ‘bank heist’ saga
2-Apr-2026 EUalive
The filing marks the first time a foreign investor has openly threatened treaty-based arbitration against San Marino over its handling of a major banking transaction
Podcast | How Russian oligarchs are suing Ukraine in wartime
1-Apr-2026 Follow The Money
In the midst of war, Russian oligarchs are suing Ukraine – not in Moscow or Kyiv, but through European trade treaties and arbitration courts in Washington.
Emmerson submits $1.215bn arbitration claim over Khemisset potash project
30-Mar-2026 Yabiladi
Morocco-focused potash developer Emmerson PLC said on Monday it had submitted a $1.215 billion damages claim, including interest and net of local taxes, in its arbitration case against Morocco.
Guinea, Emirates Global Aluminium near deal to resolve asset dispute, sources say
30-Mar-2026 Reuters
Guinea has reached an agreement with Emirates Global ‌Aluminium that will avert a looming arbitration over last year’s seizure of the miner’s local unit.
Petro says Colombia will pull out of investor protection treaties
27-Mar-2026 Colombia Reports
President Gustavo Petro said that Colombia will pull out of investor protection treaties that allow foreign corporations to sue the State over perceived losses before international tribunals.
BHMB mining sues Nicaragua for $80 million, citing illegal expropriation of gold facility
26-Mar-2026 La Prensa
The dispute goes now to a World Bank body after the abrupt takeover of a gold-processing facility now reportedly controlled by Chinese companies.
Cadence Minerals secures funding for Mexico arbitration case
25-Mar-2026 Investing.com
The funding arrangement enables Cadence and its subsidiary REM Mexico Limited to commence international arbitration against the Mexico under the UK-Mexico bilateral investment treaty.
South Korean government, Elliott restart ISDS arbitration
25-Mar-2026 The Chosun
Both parties drop appeals, sending Samsung merger dispute back to arbitration.
Letter from 220 economists and legal scholars to Colombian President Gustavo Petro calling for action on ISDS
24-Mar-2026 Global Development Policy Center
We write to you as economists and legal scholars deeply concerned that investor-state dispute settlement (ISDS) poses a serious obstacle to building prosperous, equitable, and sustainable societies.
Do trade deals put public health care up for sale?
24-Mar-2026 CCPA
Alberta’s promised two-tier transition comes with unacknowledged threats from trade and investment agreements.
Australian mining billionaire sues Canada for $2 billion
20-Mar-2026 The Tyee
Gina Rinehart’s Northback demands feds pay for finding the Grassy Mountain project too toxic to proceed.