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.
In 2015, Gabriel Resources sued Romania before of the ICSID, asking for a reported four billion dollars in damages, after protests halted plans for Europe’s largest gold mine.
To reduce emissions abroad, the US must renegotiate its trade agreements.
Florida-based APR Energy sought compensation for treatment of its gas turbines.
Pakistan government is reportedly in talks with the Turkish government and M/s Karkey for an out-of-court settlement to avert attachment of Pakistan’s properties in Europe
The Jeju provincial government has revoked the business license of a Chinese-owned for-profit hospital. The Chinese group may file a suit against the Korean government, using the investor-state dispute settlement system.
Guaido’s special prosecutor said has challenged the amount of the ICSID award, claiming “the methodology to determine the compensation was errant.”
The key suspect in the rental power plants case – Laeeq Ahmed Sheikh, who is in National Accountability Bureau’s (NAB) custody, has revealed some astonishing facts.
Detailed scrutiny of the text of the recent Indonesia trade deal has revealed that there are no provisions to cancel the old 1993 Indonesia-Australia bilateral investment agreement.
A permanent Multilateral Investment Court pushed by the European Union could make ISDS worse by scaling it up.
The Czech-based company Petrolama Namur Oil Sands Exploration filed a notice of dispute against Canada on March 29 over the delay in completing the expansion of the Trans Mountain pipeline.
ISDS lawyers appear to hold administrative positions within the working group and are represented in large numbers in the advisory bodies that have been established for the working group.
Advocates of ISDS (industrialised countries and lawyers from the ‘arbitration industry’) dominate the running of the Working Group and its advisory bodies. Civil society is underrepresented.
The Global Campaign to Reclaim Peoples´ Sovereignty, Dismantle Corporate Power and End Impunity regrets the ruling of the Supreme Court of Canada regarding the case of Chevron in the Ecuadorian Amazon.
USMCA bears many resemblances to NAFTA, which has been cited as a driver of low-wage corporate outsourcing.
The Australian mining company Kingsgate Consolidated, armed with a US$55-million insurance payout for the closure of its gold mine in Thailand, says it now has the financial means to pursue its arbitration case against the Thai government.
Indonesia has won a $469 million arbitration case against India’s Metal Ferro and Alloys Ltd (IMFA) after nearly four years of court battles
As released by the Australian Government
The US company notified its intention to claim compensation of 3,540 million dollars from the Mexican government.
The infamous story of the environmental pollution of the Ecuadorian Amazon by Chevron-Texaco – which has come to be known as the "Ecuadorian Chernobyl" - is entering a new phase.
While Eco Oro claims to have invested US$250 million in the project, it is seeking US$764 million as compensation for the cancellation of the project.