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.

| 10-Jul-2013
Concerns about objectivity and accountability of investment dispute arbitrators have prompted calls for tougher ethical guidelines as caseloads have exploded.
TDM | 4-Jul-2013
Transnational Dispute Management are pleased to announce a forthcoming special issue: "Reform of Investor-State Dispute Settlement: In Search of A Roadmap."
Bloomberg | 3-Jul-2013
Japan Tobacco Inc., Asia’s biggest listed cigarette maker, sued the government of Thailand over a plan to increase the size of health warnings on cigarette packages, claiming the move is unconstitutional.
| 25-Jun-2013
Latin American states are the only ones in the world that have decided to withdraw from the ICSID Convention. It is also the only region in the world considering the necessity to find an alternative to ICSID mechanism.
Tobacco Reporter | 19-Jun-2013
Philip Morris International expects a decision to be made this month or next on a challenge by Uruguay as to whether an international tribunal set to hear bilateral investment treaty complaints has jurisdiction over the matter.
The News | 18-Jun-2013
A Turkish power generation company has filed a case against the Pakistan government at ICSID for compensation of losses worth 700 million dollars
A transatlantic corporate bill of rights | 12-Jun-2013
Leaked draft versions of the EU negotiating mandate for a far-reaching free trade agreement with the US reveal the European Commission’s plans to enshrine more powers for corporations in the deal. The proposal follows a persistent campaign by industry lobby groups and law firms to empower large companies to challenge regulations both at home and abroad if they affect their profits.
TNI | 11-Jun-2013
This new briefing from CEO and TNI analyses leaked proposals for investor-state dispute settlement under the proposed EU-US FTA
Bernama | 6-Jun-2013
Argentina’s Supreme Court revoked a US$19 billion embargo on the assets and future income of Chevron Corp.’s Argentina subsidiary, giving the US oil giant a victory in a decades-old battle with indigenous groups in Ecuador.
Eleven Myanmar | 1-Jun-2013
International experts have warned that the use of investment treaty ‘Investor-State Dispute Settlement (ISDS)’ for attracting foreign investments into Myanmar is risky as it grants the investors the right to initiate dispute settlement proceedings against the government under international laws.

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