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.
16-Jul-2014
A group of 121 academic experts has spoken out against planned provisions on investor-state arbitration in the Transatlantic Trade and Investment Partnership.
11-Jul-2014
Global Arbitration Review
Corporate counsel and practitioners in Europe have formed a non-profit association to promote the benefits of investor-state arbitration and influence EU policy on investment protection.
10-Jul-2014
ENDS Europe
Asked about the trade deal the Commission is currently negotiating with the US, which campaigners fear will allow private companies to challenge the EU’s environmental rules, Mr Juncker stressed that the normal, publicly accountable, court system should be used instead of private courts or arbitration panels.
3-Jul-2014
CEO
The EU Commission’s plan to enshrine sweeping rights for foreign investors in the EU-US trade deal continues to draw heavy criticism. In response, industry lobby groups, law firms, and arbitrators have launched a tooth and nail defence of the business power grab. See through their propaganda with Corporate Europe Observatory’s guide to investment arbitration.
3-Jul-2014
Sydney Morning Herald
The Permanent Court of Arbitration has ordered that Australia will be allowed to challenge Philip Morris Asia’s right to contest Australia’s plain packaging laws, on the grounds that the company only bought shares in its Australian arm so that it could launch the case.
3-Jul-2014
Dow Jones Newswires
Newmont Mining Corp. said Tuesday it is filing for international arbitration against the Indonesian government for a mineral-export ban.
1-Jul-2014
ETUC
Bernadette Ségol the General Secretary of the European Trade Union Confederation says trade unionists are “particularly concerned at statements from DG Trade implying that the consultation is about a reform of the ISDS system and is not open to a decisive rejection.”
17-Jun-2014
No to ISDS
Web tool to participate — until 6 July 2014 — in the EU consultation on investor-state dispute in TTIP and say NO to ISDS!
12-Jun-2014
BBC
Should foreign businesses have the right to take a sovereign state to arbitration to seek compensation for a change in the law or government policy? And if so, in exactly what circumstances?
28-May-2014
FFII
ISDS gives the US an unfair advantage — we can not expect EU companies to win ISDS cases against the US.
23-May-2014
Reuters
This week, for the first time, the Ecuadorean government disclosed the results of water and soil testing conducted in 2013 by its experts — the US environmental, engineering and infrastructure consultant Louis Berger Group — at five sites once operated by Chevron predecessor Texaco.
23-May-2014
DW
The TTIP trade agreement between the US and the EU is continuing to cause a major row in Europe. Economist Christoph Scherrer tells DW that the corporations’ right to file lawsuits will be particularly problematic.
15-May-2014
PTI
With tax authorities pressing with over Rs 21,000 crore in unpaid dues, Finnish telecom major Nokia has invoked the Bilateral Investment Promotion and Protection Agreement (BIPA) India has with Finland to resolve the dispute.
14-May-2014
TWN
A prominent international lawyer has launched a scathing critique of the international arbitration system that deals with investor-state disputes, describing the investment treaties that give rise to this system as "weapons of legal destruction"
13-May-2014
Indian Express
Entangled in a protracted tax mess in the country, Nokia has said that it would like to address the issue under the bilateral investment treaty between Finland and India, sources told The Indian Express.
11-May-2014
While Uruguay has been celebrated by liberals around the world for its bold steps to regulate cannabis, with new rules taking effect this week, its similarly pioneering attempts to control smoking of another, legal plant – tobacco – has earned it powerful enemies.
9-May-2014
ETUC
The EU-Canada trade agreement – which may be concluded on May 8 at the Foreign Affairs Council – should not be used as a ‘Trojan horse’ to smuggle in a controversial Investor-to-State Dispute Settlement (ISDS) warned the European Trade Union Confederation (ETUC).
8-May-2014
Live Mint
Vodafone Group Plc has abandoned the conciliation process and started international investment arbitration against the Indian government over its long-running tax dispute.
7-May-2014
ETUC
The EU-Canada trade agreement – which may be concluded on May 8 at the Foreign Affairs Council – should not be used as a ‘Trojan horse’ to smuggle in a controversial Investor-to-State Dispute Settlement (ISDS) warned the European Trade Union Confederation (ETUC).
6-May-2014
AP
Germany’s vice chancellor is underlining doubts about the need for new investment rules in a proposed European Union-U.S. trade deal — a thorny issue in the talks.
