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.

AllAfrica.com | 17-Nov-2007
The Zimbabwe government has admitted that it wronged white commercial farmers when it violently evicted them from their farms at the height of Zanu PF-instigated land invasions in 2000.
FWI | 9-Nov-2007
A group of Dutch farmers is one step closer to gaining compensation for land and farms lost to the government of Zimbabwe, after a recent hearing in Paris.
Globe and Mail | 31-Oct-2007
A Chicago couple is launching a challenge under the North American Free Trade Agreement after they lost money when the Canadian government opted to tax income trusts last year.
Prensa Latina | 16-Oct-2007
El embajador de Estados Unidos dijo que Panamá debe conservar pulcra su "marca país", y para ello requiere de voluntad política para modernizar su aparato judicial. Agregó que cuando un inversionista extranjero es víctima de un proceso judicial poco claro o arbitrario, ello se torna en la peor propaganda internacional
AllAfrica.com | 13-Oct-2007
The last remaining white commercial farmers have appealed to the regional Southern African Development Community (Sadc) Tribunal in an effort to stop government from expropriating their properties.
Dow Jones | 12-Oct-2007
Facing a flood of unfavorable arbitration rulings, Argentina is shifting from a legal strategy to a diplomatic one in a bid to dismiss billions of dollars in foreign investor claims arising from its 2002 financial crisis.
CNN | 3-Oct-2007
The International Centre for Settlement of Investment Disputes in Washington DC has awarded Sempra Energy approximately $172 million, including interest, to settle a 2002 dispute involving the company’s 43-percent ownership in two Argentine natural gas holding companies, Sodigas Pampeana and Sodigas Sur.
Daily Times | 13-Sep-2007
Pakistan and United States on Wednesday constituted sub-groups of high officials from both the countries to pave the way for early finalisation of issues regarding trade and economic cooperation
Channel News Asia | 11-Sep-2007
With rapid growth in the Asian economies, it is inevitable that legal issues and disputes to matters like investment treaties will arise as more and more parties enter into cross-border contracts and agreements.
Milenio.com | 29-Aug-2007
Se trata de la primera controversia entre Guatemala y una empresa privada que deberá ser procesada y resuelta en el marco del TLC suscrito entre Estados Unidos y el bloque de Centroamérica y República Dominicana

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