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.

AFTINET | 8-Nov-2021
In a significant step forward in the campaign against Investor-State Dispute Settlements (ISDS), Australia has announced its withdrawal from its signatory status to the Energy Charter Treaty.
Le Figaro | 5-Nov-2021
La Cour suprême néerlandaise a annulé la condamnation de Moscou à verser 50 milliards de dollars d’indemnisation aux ex-actionnaires de l’ancien géant pétrolier Ioukos.
The Moscow Times | 5-Nov-2021
The Dutch supreme court overturned an order for Russia to pay $50 billion to former shareholders in dismantled oil giant Yukos, but shunted the lengthy legal saga back to a lower court for more hearings.
The Guardian | 4-Nov-2021
Treaty allows energy corporations to sue governments for billions over policies that could hurt their profits.
In-Cyprus | 4-Nov-2021
The arbitration has been discontinued in response to the non-payment of the claimant’s portion of the required advance payment of the costs of the proceeding.
Mint | 4-Nov-2021
The settlement is under the Taxation Laws (Amendment) Act, introduced this year to put an end to 17 tax disputes India has with multinational companies like Cairn and Vodafone Plc.
The Hindu BusinessLine | 4-Nov-2021
Seen as a step for seizure of assets of Indian PSUs abroad.
Interfax | 3-Nov-2021
SREW N.V., an open joint-stock company registered in Belgium, which owns 75% of the charter capital of Dnipro-Buzka wind plant LLC, has initiated arbitration against Ukraine.
Le Soir | 2-Nov-2021
Au fur et à mesure que des tribunaux arbitraux ont condamné des Etats à verser des sommes astronomiques à des investisseurs lésés, le recours à l’ISDS a commencé à être décrié.
Inequality.org | 2-Nov-2021
Allowing oil, mining, and gas companies to continue to file expensive lawsuits over environmental regulations could undermine whatever agreements might be reached in the COP26 in Glasgow.

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