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.
US ISDS proposal in NAFTA would cut fair and equitable treatment and indirect expropriation.
New laws revolve around the notion that Tanzania’s domestic law is to be supreme over any international dispute or arbitration decision.
Mexico is considering writing into law investor-state dispute settlement provisions contained in the North American Free Trade Agreement (Nafta) to reassure US and Canadian investors in its energy sector.
Recent decades have been marked by China’s economic, military and diplomatic rise, and its increasing integration into the international order.
Does the prospect of foreign investor claims against countries in investor–state dispute settlement (ISDS) lead to regulatory chill?
Brexit could become a money-making machine for law firms that make millions when corporations sue nation states via trade and investment agreements.
Swedish investor EcoDevelopment registered a claim at the ICSID against the Tanzanian government for revoking a land title amid concerns over the impact on local communities and a wildlife sanctuary.
The International Centre for Settlement of Investment Disputes (ICSID) has not only imposed a hefty fine on Pakistan but also declared that the country will be paying $5.6 million as interest per month.
Financially-strapped Pakistan has been imposed with a staggering $700 million in a damages suit by the International Centre for Settlement of Investment Disputes (ICSID) regarding rental power plants case.
An arbitration clause in an investment treaty between the Netherlands and Slovakia does not violate EU law, an adviser to the EU’s top court said.
Inter RAO structures claim $175 million loss was due to a refusal to raise energy tariffs when the Georgian national currency Lari was devaluated.
Sanofi Aventis Ukraine LLC, part of Sanofi global pharmaceutical company, seeks to file a claim against Ukraine to the International Investment Arbitration.
Zimbabwe is in breach of two arbitral awards totalling USD 240 million, after it missed a deadline to pay investors whose land was seized as part of the government’s racially motivated land reforms.
The goal of Foreign Affairs Minister Chrystia Freeland is to revamp Chapter 11 so it more closely mirrors the investor-state dispute-resolution mechanism that forms part of the 2016 Canada-European Union trade deal.
The inclusion of Investor-State Dispute Settlement (ISDS) in trade and investment agreements has become subject to increased public scrutiny and questioning.
The first ever final award on patents in international investment arbitration by ICSID in the case of Eli Lilly v. Canada has effectively cleared the way for raising future disputes by foreign IPR owners against domestic institutions which can result in stronger and robust IP protection regime.
The Protocol draws significantly on the Brazilian model investment agreement, which stands out for departing from the traditional design of Bilateral Investment Treaties, particularly by excluding the possibility of investor-State dispute settlement (ISDS).
China has shown no hesitation in disregarding its obligations under the free trade agreement with South Korea to take retaliatory measures against the deployment of a US missile defense system in the peninsula, say Korean media
Poland is looking to block part of the Comprehensive Economic and Trade Agreement (Ceta) between the EU and Canada, over concerns for a planned mechanism for resolving disputes.
Philippine civil society groups and social movements stand together to oppose RCEP