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 broad language in investment agreements has allowed investor-state dispute settlement tribunals to scrutinize tax measures adopted by States, and determine that such measures resulted in a breach of State’s obligations under the agreement.
Indonesia – Australia CEPA signed without prior released text to assess its costs and benefits.
The Korea government may face another investor-state dispute case from the Chinese capital if the license is called off.
Shell used the investment agreement between the Netherlands and Nigeria to obtain a lucrative oil field at remarkably good conditions.
French waste and water group Suez SA has contacted "specialised funds" about possibly selling its debt claims to Argentina, the group announced.
In February of 2011 the Ecuadorian Courts delivered an historic verdict, sentencing the Big Oil Corporation Chevron to pay US$9,500 million dollars for its contamination of the Ecuadorian Amazon (1964-1992). However, Chevron hit back via the Investor-State Dispute Settlement system and sued Ecuador.
Exception clauses amount to little more than tokenism, and short-change our full rights to determine trade relationships on our land and oceanic territories.
Long-running case began after New Jersey company’s bid to open a quarry in Nova Scotia rejected in 2007
Seatini said East African countries should find alternative ways to finance development projects rather than depend on public-private partnerships and bilateral investment treaties, which have cost the region dearly.
Trade deals containing clauses that threaten human rights are being debated in parliament – they must be defeated
The panel on a sustainable world at the hui in October 2018 on What an Alternative and Progressive Trade Strategy for New Zealand argued for major changes to address pressing environmental issues.
Investor-state dispute settlement is a threat to human rights, health and the environment, say representatives of trade unions, charities and faith groups.
A Q&A to deal with tricky questions about corporate courts and our campaign against them.
Tanzania has embarked on process of regulation of its foreign investment regime by enacting legislation, which exclude international arbitration.
An analysis of its impact on managing government bonds and capital flows.
The most worrying thing about the EU-Singapore deal is not the risk that Singapore firms themselves pose, but the fact that the agreement looks set to be used as a model for reinvigorating ISDS.
A group of US investors have taken Rwanda to an international court, seeking compensation of $95 million after the government seized their mining concessions, effectively denying them operating licences.
Pakistan said to have gathered fresh ‘evidence of corruption’ in the procurement of a rental power project (RPP) contract by the Turkish company.
Today, the 6th of February 2019, the Romanian town of Roşia Montană celebrates its 1888th year of existence. Over the past 20 years, residents have fought against a proposed multi-billion dollar mining project.
Hungarian State has been ordered to pay Sodexo an award of about 73 million euro, before interest.