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 AFTINET submission provides evidence of the harmful use of ISDS over the last decade against public regulation on health, indigenous rights, the environment and most recently against policies to reduce carbon emissions.
The president has promised not to put anti-democratic investor-state dispute settlement mechanisms in future trade deals. But they are still in many existing ones.
Croatia will pay $255.7 million to Hungarian oil and gas company MOL under a ruling in an arbitration case at the International Centre for Settlement of Investment Disputes.
Controversial ISDS provisions are trumpeted for protecting Canadian foreign investments, but are panned for allowing companies to sue countries.
The developers of the hotel project in Grenada say while an amiable settlement remains open, the “extensive damage to the project caused by the actions of the former government has severely complicated and handicapped the efforts towards settlement.
This report analyzes the proposed interpretive guidance on the Investment Chapter of the Comprehensive Economic and Trade agreement (CETA) between Canada and the European Union.
Since October 2022, seven EU member states have announced plans to withdraw from the European Charter Treaty. Across the board, the message is clear: the insufficient and potentially climate-damaging treaty reform effort is no longer a politically viable option.
The US-based company Providence Equity Partners claims that certain actions by national public service regulator SPRK indicate a possible violation of the bilateral investment agreement between the US and Latvian governments.
The way in which the reasoning of the Rockhopper award expels any environmental considerations has the effect of making climate change interventions considerably more costly
The treaty allows fossil fuel companies to sue governments for taking climate change action. It must go.
A relatively new strategy for China is to challenge national security decisions before international tribunals using a method called investor-state dispute settlement.
The Consumers Association of Bangladesh (CAB) submitted a petition, signed by 25,720 persons, urging the energy ministry for not signing the Energy Charter Treaty as the signing of the treaty will affect the public interest and the nation’s energy sector.
MOL and its Slovak subsidiary Slovnaft are working on a lawsuit against the government for the new windfall tax which aims to raise funds to help with expensive energy for more affected industries and households.
Investor-state dispute settlements increasingly allow oil and gas investors to sue countries over their climate policies.
Just before Christmas, Canadian copper miner First Quantum, in an ongoing spat with the Panamanian government over royalties, launched two ISDS cases against the state.
This week’s North American Leaders’ summit is soured by dubious challenges to Mexican food and energy sovereignty.
France confirmed the decision announced by Macron in October and notified the other signatories of the withdrawal, which will take effect on January 1, 2024.
After the withdrawal of eight EU member states, the European Commission has little prospect of reviving stalled talks to modernise the 1998 Energy Charter Treaty.
The Supreme Court declared that the settlement agreement between Canadian mining company Barrick Gold and the government of Pakistan in the Reko Diq mining project is legal.