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.
21-Nov-2014
FES
This study discusses the impact of investment protection on social and labour regulation and the autonomy of the social partners in regulating these matters through collective agreements.
19-Nov-2014
CUPE
A new report warns that controversial investor protection rules in the proposed Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union could expose Canada to a new wave of corporate lawsuits that restrict the powers of all levels of governments.
18-Nov-2014
SMH
The deal struck between China and Australia on Monday will contain an Investor State Dispute Settlement mechanism that will allow Chinese corporations to challenge the Australian government for "pretty much anything", say academics
17-Nov-2014
EurActiv
Matthias Fekl, France’s Secretary of State for Foreign Trade, has made it clear that France will not support the inclusion of the Investor State Dispute Settlement mechanism (ISDS) in a potential TTIP agreement.
17-Nov-2014
Guam PDN
The Trans-Pacific Partnership threatens workers’ rights in the 12 nations negotiating the deal, say Communications Workers of America
13-Nov-2014
TNI
The case of Newmont Mining vs Indonesia is a powerful example of how investment agreements, particularly Bilateral Investment Treaties (BITs), are used by companies to get exemptions from government regulations and legislation, undermining democracy and development.
12-Nov-2014
EurActiv
Only small changes can be made to an investment protection clause in a trade pact between Canada and the European Union, European Trade Commissioner Cecilia Malmström said on Monday (10 November).
12-Nov-2014
The Nation
If a “high-standard” ISDS is included in the Trans-Pacific Partnership, the results could be catastrophic, especially for the environment and people fighting to protect the environment.
7-Nov-2014
TNI
In an open letter Japanese & European groups call for transparency in the EU-Japan trade talks and removing the Investor-State Dispute Settlement mechanism (ISDS) from the Free Trade Agreement (FTA)
6-Nov-2014
ViEUws
Jennifer Baker is joined by Richard More O’Ferrall, spokesperson for the Greens Group, to discuss the future of trade negotiations between the European Union and United States under the new Juncker Commission.
6-Nov-2014
TDM
The editors of Transnational Dispute Management journal invite contributions to a special edition on CETA
4-Nov-2014
Litigation Daily
The Supreme Court on Monday shunned the republic’s latest appeal in a decade-long battle with BG Group plc, a British energy company that won a $185 million arbitration ruling against Argentina under a bilateral investment treaty.
4-Nov-2014
The Nation
The International Chamber of Commerce (ICC) has said Thailand is in urgent need of an arbitration law to facilitate settlements between Thai and foreign companies, so as to increase foreign investor confidence and prepare upcoming Asean Economic Community (AEC) next year.
3-Nov-2014
Green Left Weekly
Australian-based company OceanaGold is suing El Salvador for US$301 million for its “right” to continue operating a gold mine that is destroying the Central American nation’s water supply.
3-Nov-2014
Vrijschrift
On 15 September Vrijschrift informed the European Parliament international trade committee that investor-to-state arbitration (ISDS) in the draft trade agreement with Canada is rigged to the advantage of the US. Today Vrijschrift informed the committee the same is true for the draft trade agreement with Singapore.
29-Oct-2014
Lexology
The Islamic Republic of Iran has won its first ever investor-state arbitration in a decision against Turkish mobile phone company, Turkcell.
28-Oct-2014
BEUC
This case illustrates the risk that a Member State can be successfully sued by a company within ISDS for merely bringing its legislation or policies in line with EU legislation.
28-Oct-2014
EU Trade Insights
As the debate in Europe over investors’ rights to sue States is growing, Singapore has been asking the European Commission to agree to a decoupling of the bilateral trade agreement as the country is concerned the investment protection part of the deal could hold up the entire pact.
23-Oct-2014
European Voice
As Juncker gives reassurances to the European Parliament over free trade with the US, 14 member states are urging him to stick to the script.
22-Oct-2014
Reuters
The United States has floated excluding tobacco products from a key section of a 12-nation Pacific trade deal and signaled it may present a formal proposal to trading partners at talks in Australia.
