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.

Reuters | 5-Jun-2025
Australia’s Woodside Energy, which operates Senegal’s Sangomar oil and gas field, has filed a complaint with the World Bank’s International Centre for Settlement of Investment Disputes against the West African country over taxes, a spokesperson for the company said on Monday.
Agence Ecofin | 5-Jun-2025
Woodside Energy, opérateur du champ pétrolier offshore de Sangomar, a saisi le Centre international pour le règlement des différends relatifs aux investissements (CIRDI). Cette initiative, confirmée par la société le lundi 2 juin, fait suite à un différend fiscal non résolu qui porterait sur environ 68 millions de dollars, selon plusieurs médias sénégalais.
Grafa | 4-Jun-2025
Indiana Resources (ASX:IDA) has taken formal steps in response to Tanzania’s breach of its July 2024 settlement deed.
Infobae | 4-Jun-2025
El Estado argentino volvió a perder un caso en el CIADI bajo el Tratado Bilateral de Inversiones firmado entre la Argentina y EEUU.
Sorainen | 4-Jun-2025
The ICSID Tribunal has ruled in favour of one of Estonia’s largest glass and aluminium facade manufacturers, Windoor, in its dispute against the Republic of Kazakhstan.
Morning Star | 4-Jun-2025
Rockhopper Exploration PLC suffered a blow in its campaign to win GBP190 million in tranche payments from the Italian government.
PR Newswire | 3-Jun-2025
Humans Mobile Ltd, an international holding company and owner of Humans’ business in Uzbekistan, has formally initiated arbitration proceedings against the Republic of Uzbekistan.
Panabee | 3-Jun-2025
The AES Corporation, a global power generation and utility company, has secured a significant victory in a long-standing dispute with the Argentine Republic.
Sarajevo Times | 3-Jun-2025
The issue stems from a €67 million debt owed by the Ugljevik Mine and Thermal Power Plant to Slovenia’s state-owned electricity company, Elektrogospodarstvo Slovenije.
E3G | 2-Jun-2025
By protecting fossil fuel investments, investment treaties with ISDS are undermining the global energy transition. This briefing explores three alternative tools that may protect foreign investors from regulatory changes.