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Para EE.UU. la política de energía mexicana es incompatible con el T-MEC |
Colapso ambiental y emergencia climática |
Las maniobras de defensores del TPP11 y el TLC con la UE |
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.
Trump disagrees with executives on Nafta arbitration language. Industry leaders say it provides an essential safety net.
Shocking information from insiders tells us that the authorities are about to make a payment to the International Settlement of Investment Disputes of nearly US dollars 500,000 as a prepay for the three litigations.
Political party says the newly signed Trans-Pacific Partnership trade pact, which contains similar clauses to the Hong Kong deal, could prompt more costly challenges in The Hague
Slovakia will no longer have to compensate Achmea B.V., the shareholder of Union ZP health insurer, for €22 million in damage.
A NAFTA tribunal rejects $250-million claim by Mercer International Inc. against the Canadian government.
That clause removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law.
Profit is king. People are the pawns, and the Government will seem to be in favour of supra-national conglomerates if it signs this “new” TPP inclusive of the ISDS.
Should the US remain in the controversial North American Free Trade Agreement?
In a second international ruling against retroactive cuts in renewables support introduced by the Spanish government in 2013, a Swedish arbitration panel has awarded a Luxembourg-based investment firm €53 million compensation.
The proposed policy follows the escape of over 200,000 Atlantic salmon from the company’s fish farms, sparking outcry from Indigenous groups, environmentalists, and fishing communities.
Telefonica has filed an arbitration complaint with the World Bank’s ICSID against the Colombian arbitration fine for breaching a government contract for mobile services.
Will seek NAFTA arbitration if ban on Atlantic salmon farming is approved.
Ongoing negotiations to modernize NAFTA must advance our role as a global energy leader by retaining US access to Mexico’s newly-opened oil and natural gas market and providing strong protections, including Investor-State Dispute Settlement.
Canada and the US are set to agree on withdrawing the controversial investor-state dispute settlement (ISDS) mechanism from the North American Free Trade Agreement (NAFTA) between the US, Canada and Mexico.
Negotiations on a Canada-India FIPPA were launched in September 2004 and concluded in 2007, but the deal was never signed.
Kenya is facing cases at International Centre for Settlement of Investment Disputes (ICSID) with claims amounting to Sh334 billion.
The case is one of several brought to courts in Europe by Moldovan businessman Anatolie Stati who is attempting to force the Kazakh government to pay up in a dispute about his energy investments in the oil-rich country.
Randgold is considering launching international arbitration if Congolese President gives his assent to the legislation.
How can the Goverment risk billions of dalasis in arbitration costs, once more, with Africa Petroleum? What money will pay for this trial?
