On 27 July 2023, the German Federal Court of Justice (German FCJ) declared three intra-EU investor-State ICSID arbitrations inadmissible under German arbitration law given their incompatibility with EU law.
Democratic U.S. lawmakers on Wednesday urged the U.S. Trade Representative and State Department to eliminate investor-state dispute settlement provisions from current and future trade deals
If you’ve never heard of ISDS (investor-state dispute settlement) that’s not surprising. ISDS operates in the shadows. It’s a mechanism for solving disputes between parties in cases of foreign direct investment while offering legal protections for the investor. The investment is typically provided by a private company to a foreign ‘host state’.