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.
China has decided to set up three international courts to deal with disputes related to its multi-billion dollar Belt and Road Initiative (BRI), under which it is making massive investments.
Canada has proposed that Canada and Mexico would agree to a dispute settlement process between their two countries alone — to be outlined in an annex to the NAFTA.
The TCC tribunal failure did not reflect an internal failure on the part of Pakistan’s state apparatus as much as it did the hegemonic nature of the global BIT regime that developing countries have been subjected to by the West.
Latvia must compensate E-energija EUR 3.7 million for investment abuse in the district heating business.
The actions of the Trump Administration and Congress have, in one year, established a pattern of cynical disregard for rural communities, hostility toward science, and an unbridled scorn for the principles and practice of democratic governance.
Canada is currently facing eight active investor-state claims that combined seek more than $475 million in damages.
A bumpy road lies ahead for the renegotiation of the free trade deal between South Korea and the United States, a Korean senior trade official said.
Mexico’s Secretary of the Economy signed theConvention on the Settlement of Investment Disputes between states and nationals of other states.
French co. agreed to $275 million to settle 12-year dispute. Engie is the biggest shareholder in water, sewer company.
As the turbulence in the global economy and backlash against neoliberalism continues, opposition to the international investment regime and ISDS from the left seems destined to grow.
Lawyers for a Democratic Society sent a letter to the International Center for Settlement of Investment Disputes, demanding a speedy settlement of the dispute between the Korean government and the U.S. buyout fund Lone Star Funds.
After 30 years of neoliberal globalization, it has been increasingly acknowledged that austerity, privatization, deregulation of finance, markets and corporations, and trade and investment liberalization have had a devastating and discriminatory impact on women.
Shell used an arbitration case it filed with the International Centre for the Settlement of International Disputes to railroad the government into brokering truce between it and Malabu Oil and Gas Ltd, its estranged erstwhile partner and the original licensee.
The government has spent over Rs2 billion to win a case in the international court over the acquisition of assets of Progas Pakistan Limited company – worth Rs2.3 billion.
More than 300 experts, including high-level negotiators of international investment agreements and representatives from intergovernmental organizations, civil society, academia and the private sector convened in Geneva.
Tanzania passed three new laws that significantly change the regulatory landscape governing natural resources and the mining sector in particular.
Businessman Michael Lee-Chin has served notice that he intends to submit to arbitration a claim against the government of the Dominican Republic seeking to recover more than US$300 million in damages for expropriating his investment in that country.
In 2017, Peru has faced a number of new investment treaty claims, with several arising in the transportation sector.
A British investment group has demanded USD 500 million from Russia and accused the country of state-sponsored corporate theft in a battle for control of a Siberian coal mine.
Impacts of investment arbitration against Latin America and the Carribbean.