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.
13-Jul-2023
The Hindu BusinessLine
New Delhi insists on ’exhaustion of local remedies’ clause but Brussels wants investor court system.
11-Jul-2023
The Citizen
Air Tanzania Company Limited (ATCL) plane that was seized in the Netherlands after a Swedish firm won a $165 million award against Tanzania has been released, says the government.
11-Jul-2023
Silver Bull Resources, Inc.
The arbitration arises from Mexico’s expropriation and other treatment of Silver Bull and its investments resulting from the illegal blockade of Silver Bull’s Sierra Mojada project.
11-Jul-2023
CAN Europe
We call on you to support the Commission’s proposal for a coordinated
withdrawal of the EU and all its member states from the Energy Charter Treaty and
welcome a discussion of the ECT among energy ministers.
11-Jul-2023
The Guardian
Climate Change Committee recommends leaving energy charter treaty, which critics say is ‘weaponised’ by fossil fuel firms.
11-Jul-2023
The Guardian
Clive Palmer’s Zeph Investment’s second case against Australia is a $41.3bn claim that it breached the Asean free trade agreement in relation to coal exploration permits, it has emerged.
10-Jul-2023
Euractiv
The European Commission proposed that EU countries jointly quit an international treaty that has been criticised for blocking efforts to fight climate change because its protection of energy investments extends to fossil fuels.
30-Jun-2023
Reuters
The European Commission is readying a proposal for EU countries to jointly quit an international energy treaty, after some governments already pledged to leave over climate concerns.
30-Jun-2023
Public Citizen
We stand in solidarity with the people of Honduras and condemn US company Próspera’s $11 billion case against the will of the people.
28-Jun-2023
Reuters
Britain’s investment minister said he would like to see strong investment protections in any future trade deal with India, and that the two countries could work more closely together on financial services even without a trade pact.
28-Jun-2023
The Globe and Mail
Enerflex argued the ruling defied regional trade agreements between Mexico, the United States and Canada, also calling the court’s decision “indirect expropriation” and denouncing arbitrary treatment by the Mexican state.
26-Jun-2023
Korea Tech Today
South Korea has been ordered by the International Centre for Settlement of Investment Disputes to compensate hedge fund Elliott approximately $108.5 million concerning the 2015 merger of two Samsung subsidiaries.
22-Jun-2023
TNI
In the era of the energy transition, questions of state control and power are back on the agenda in a big way.
21-Jun-2023
Lexology
State parties consider whether to turn to traditional methods of investment dispute settlement mechanisms or more innovative solutions, such as an African investment court.
13-Jun-2023
The Kathmandu Post
The Axiata Group had filed a case at the International Centre for Settlement of Investment Disputes in May 2019, claiming damages worth around Rs66 billion.
12-Jun-2023
BNN
Zenith Energy Ltd, an international energy firm, filed a lawsuit against Tunisia on Wednesday, claiming financial damages of at least $48 million.
2-Jun-2023
The Zimbabwe Mail
ZIMBABWE continues its fight in the United States (US) to block enforcement of a US$277 million arbitration award to a German and Swiss family which stems from the country’s controversial land reform programme.
2-Jun-2023
Prensa Latina
This is related to the complaint made the day before by government functionaries on the absence of legality in the litigation that the ICSID opened on the case of the Employment and Economic Development Zone (ZEDE) against the Government.
26-May-2023
Colombia Reports
Investment disputes led to $2.4 billion claims in Colombia.
25-May-2023
bilaterals.org
Colonialism resulted in the imposition of a legal trade and investment regime favourable to European colonial states and companies, which is still felt today.
