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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.

Privatizando la justicia: El arbitraje en los tratados comerciales internacionales
Movimiento Boliviano por la Soberanía y la Integración solidaria de los pueblos: Contra el TLC y el ALCA | 8-Sep-2006
Para proteger sus intereses, el capital transnacional impone un sistema de resolución de conflictos hecho a medida, reemplazando la tradicional justicia democrática y constitucional con una más favorable a sus intereses. Lo llama arbitraje. Antecedentes, actualidad, y portentos
keywords: ICSID , investment | BITs , investor-state disputes | ISDS
Analysis: Will UNCITRAL arbitrations become even more secretive?
| 3-Sep-2006
Proposals tabled by the Vienna-based UNCITRAL Secretariat could make it more difficult for observers to discover and monitor international arbitrations taking place under the UNCITRAL rules.
keywords: investment | BITs , investor-state disputes | ISDS , UNCITRAL
Under RP-Japan Economic Partnership Agreement local settlement of disputes agreed on
| 30-Aug-2006
The Philippines and Japan have agreed to settle all disputes domestically under the proposed Economic Partnership Agreement unless the Secretaries of Trade of both countries agree to bring the dispute to an international arbitration court.
keywords: investor-state disputes | ISDS , Japan , Philippines
Court denies Occidental bid for assets - Ecuador
| 24-Aug-2006
An international arbitration court has rejected a request by Occidental Petroleum Corp. to stop Ecuador from seizing its assets in the Andean country, a government official said on Tuesday.
keywords: corporate interests , Ecuador , ICSID , investment | BITs , investor-state disputes | ISDS
Azurix wins $165 million vs Argentina in latest ICSID ruling
| 15-Aug-2006
Former Enron Corp. (ENE) water unit Azurix Corp. has been awarded $165 million against Argentina in the latest ruling on dozens of international arbitration claims brought against the country by foreign companies. A person familiar with the situation confirmed Tuesday that both parties were informed Monday of the decision by a tribunal at the International Center for the Settlement of Investment Disputes, or the ICSID.
keywords: Argentina , corporate interests , investor-state disputes | ISDS , US , water
Seoul reveals a lack of experience in FTA negotiations
| 9-Aug-2006
"We are learning new things while we’re negotiating with the American representatives," said a Korean official who was part of the labor section negotiation team during the first round of the Korea-U.S. FTA talks, held in Washington last June. "The U.S. is demanding the introduction of a so-called ’public communication system,’ which was a term that we heard for the first time," the negotiator told Hankyoreh.
keywords: finance | banking | taxes , investment | BITs , investor-state disputes | ISDS , Korea , US
Canada: The Occidental Tourist - Expropriation Claim Tests BIT Efficacy
| 31-Jul-2006
The outcome of Occidental Petroleum’s latest dispute with Ecuador will be an important test of the effectiveness of BITs in protecting overseas investor rights in volatile political climates.
keywords: corporate interests , Ecuador , energy , investment | BITs , investor-state disputes | ISDS
Vannessa Arbitration Update
| 31-Jul-2006
Vannessa Ventures Ltd. (the "Company") has an arbitral claim being heard in accordance with the rules of the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C. where Vannessa is requesting remedies under the Bilateral Investment Treaty between Venezuela and Canada.
keywords: Canada , ICSID , investment | BITs , investor-state disputes | ISDS , Venezuela
Zimbabwe farmers claim for land grab
Business Day | 25-Jul-2006
A group of 11 dispossessed Zimbabwean farmers of Dutch origin are poised to take their case for compensation in respect of confiscated land to an international tribunal.
keywords: investor-state disputes | ISDS , Netherlands , Zimbabwe
New legal threat over Yukos sale
FT | 12-Jul-2006
The Kremlin will face yet another legal headache on Tuesday over its role in the break-up of Yukos after US attorneys began an arbitration proceeding in Spain on behalf of Spanish investors who were allegedly hurt by the Yukos affair.
keywords: energy , investor-state disputes | ISDS , Russia