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.

Politics.hu | 3-Oct-2014
An ICSID arbitration panel rules in favour of Hungary against US/Israeli investors seeking €300 million in compensation for a failed casino project.
Public Citizen | 2-Oct-2014
The Obama administration’s precarious justifications for the investor-state dispute settlement (ISDS) regime may determine the fate of the transatlantic free trade agreement, said Public Citizen.
dpa | 2-Oct-2014
Groups opposed to a clause of the Transatlantic Trade and Investment Partnership that they say is overly favorable to investors took their complaints to negotiators Wednesday outside Washington.
The Tyee | 1-Oct-2014
Trade treaty expert Van Harten lays out ways FIPA governments can ’disclose, monitor, and limit the harm done by this treaty.’
El Telégrafo | 30-Sep-2014
Next year, the South American Union of Nations (UNASUR) dispute settlement centre will start operating, announced the UNASUR Secretary General
Open Democracy | 29-Sep-2014
Europeans are in uproar at chaotic attempts by the EU presidency to rush through ’secret courts’ for investors to sue governments who try to protect their citizens and public services.
Occupy London TV | 28-Sep-2014
Occupy Democracy is organising a time limited occupation from the 17th - 26th October to debate the flaws in the UK’s democracy, such as the Transatlantic Trade and Investment Partnership.
Gobierno del Ecuador | 25-Sep-2014
The 11th meeting of the UNASUR Working group of highly qualified experts on investment dispute settlement took place in Quito from 23-26 September at the Ministry for External Affairs and Human Mobility.
Gobierno del Ecuador | 25-Sep-2014
La XI Reunión del Grupo de Trabajo de Expertos de Alto Nivel de Solución de Controversias en Materia de Inversiones de Unasur se realiza en Quito, del 23 al 26 de septiembre, en el Ministerio de Relaciones Exteriores y Movilidad Humana
Eurasia Review | 23-Sep-2014
This study considers the likely regulatory impact of the proposed EU-US Transatlantic Trade and Investment Partnership (TTIP) in three key policy areas: investor protection, public services and food safety.

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