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.
27-Jan-2025
The Citizen
Tanzania and British developer Pennyroyal Limited could find themselves back to the International Centre for Settlement of Investment Disputes (ICSID) after talks between the two parties failed to yield an agreement.
27-Jan-2025
Venezuelanalysis
The US oil giant has launched multiple efforts to collect international arbitration awards against the Caribbean nation.
22-Jan-2025
LRT
After Belarusian potash fertiliser giant Belaruskali filed a lawsuit against Lithuania to the International Court of Arbitration, Lithuania says it does not agree with the allegations.
21-Jan-2025
Romania-Insider
Romania has won an international arbitration case brought by investors in renewable energy, avoiding EUR 256 million in claimed damages.
17-Jan-2025
América Economía
The new interpretative note on the investment chapter of the FTA seeks to avoid legal abuses and protect the sovereignty of both countries without affecting incentives for foreign investment.
16-Jan-2025
Reuters
A bipartisan group of US senators called on US Trade Representative to stop negotiations with Mexico, Canada and Colombia that they say would weaken investor protections in some US free trade deals during the Biden administration’s final days.
15-Jan-2025
AFTINET
This explainer sheds light on how Clive Palmer is using Investor-State Dispute Settlement provisions in trade agreements to claim up to $420 billion from the Australian government.
14-Jan-2025
CDR
The global beer brewing giant has filed an ICSID challenge to the Peruvian tax authority’s attempts to recover an outstanding tax bill and its refusal to allow refunds.
9-Jan-2025
CDR
Minerali Industriali is taking action under the Italy-Tunisia bilateral investment treaty for alleged mistreatment related to its sand mining and processing business.
6-Jan-2025
Al Jazeera
Trade deals can allow international corporations to trample over the rights of governments in the Global South. That is the message from the Colombian government, which describes the effect of such deals as a “bloodbath” for their national sovereignty.
3-Jan-2025
Inside Climate News
Bolivia was the first nation to begin leaving a legal system that allows foreign companies to sue governments behind closed doors. Now, other countries are following.
3-Jan-2025
CDR
The company has secured up to USD 11 million in funding against the North African state.
2-Jan-2025
Yonhap
South Korea and Bahrain have signed a bilateral investment treaty on cementing the legal grounds for mutual investment and economic cooperation, Seoul’s foreign ministry said.
2-Jan-2025
Dhaka Tribune
Mohammed Saiful Alam, founding chairman and managing director of the Bangladeshi industrial conglomerate S Alam Group, has initiated legal proceedings as a Singaporean citizen to seek compensation for alleged financial losses.
2-Jan-2025
Investing.com
In a significant legal development, Zenith Energy Ltd. announced that the ICSID has rejected a request for bifurcation by the Republic of Tunisia in an ongoing arbitration case.
24-Dec-2024
The Corner
Favourable news for Enagás, although the amount is lower than initially claimed and represents an accounting loss.
23-Dec-2024
The Economic Times
Demands of certain developed countries from India to negotiate ’investment protection’ elements under an FTA is inappropriate as negotiating the matter as part of a separate chapter under the trade pact could have larger and detrimental implications.
20-Dec-2024
Reuters
A group of 37 Democratic lawmakers urged the US Trade Representative’s office to press ahead with efforts to weaken investment protections in US trade agreements.
20-Dec-2024
NewzShewz
The government of Prime Minister Shehbaz Sharif has received a formal notification regarding a claim from the owner of Halmore power company.
