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.

Amigos de la Tierra | 19-Dec-2013
Amigos de la Tierra alerta de que los inversores podrían tener más poder que gobiernos e instituciones democráticamente elegidos.
Global Legal Post | 19-Dec-2013
In a victory which may have major ramifications for international law, US law firm King & Spalding has won a $250 million arbitration case for Romanian company Micula against the Republic of Romania.
Economic Times | 18-Dec-2013
India has introduced provisions in the just-concluded bilateral investment protection and promotion agreement (BIPPA) with the United Arab Emirates to ensure that only executive decisions can be challenged and that too within a stipulated period.
TV5Monde | 16-Dec-2013
Le modèle économique et juridique qui s’annonce avec l’accord de libre échange entre l’Union européenne et les Etats-Unis pourrait-il mettre en cause la souveraineté des Etats ?
| 26-Nov-2013
Most trade lawyers across the country are lauding Canada’s ratification of the International Centre for Settlement of Investment Disputes Convention. But they glaze over the serious and far-reaching effects for Canadian public policy.
Reuters | 13-Nov-2013
Ecuador’s highest court upheld a verdict that US oil company Chevron Corp is responsible for pollution in an Amazon rainforest, but halved the fine imposed in a previous trial to $9.5 billion, a decision the company dismissed as illegitimate.
| 12-Nov-2013
Tthe Harper government recently committed Canada to ratify the ICSID Convention.
| 10-Nov-2013
The International Centre for Settlement of Investment Disputes (ICSID), in Washington, DC, will hear a case by Israeli investors seeking more than 100 billion forints (EUR 337m) in damages from the state of Hungary because of a failed casino investment, daily Magyar Nemzet said on its website on Saturday.
| 9-Nov-2013
Since announcing the Comprehensive Economic and Trade Agreement (CETA) two weeks ago Harper’s Conservatives have repeatedly labelled those questioning the deal as “anti-trade”. But this Canada-European Union accord is one part trade and four parts ‘corporate bill of rights’.
| 8-Nov-2013
The federal government, which is facing financial crisis and seeking loans from IMF and other financial institutes, is willing to pay Rs90 million to a Pakistani law firm to plead its case in an international court.

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