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.

RAPSI | 24-Nov-2016
The Court of Appeal in Paris ruled to lift a freeze on assets of Russian Satellite Communications Company and RIA Novosti news agency.
Vanguardia | 23-Nov-2016
El grupo español da seis meses más al país para solucionar su conflicto.
Sierra Club | 22-Nov-2016
We urgently need a new approach to trade that prioritizes the needs of people and planet.
Live Mint | 21-Nov-2016
Cairn had in June filed a 160-page Statement of Claim seeking quashing of the retrospective tax demand on a decade-old on an internal reorganisation of its India unit.
Mexico Star | 21-Nov-2016
Hong Kong and Chile confirmed that they have signed a bilateral investment agreement at the APEC summit.
The Guardian | 17-Nov-2016
Rising inequality is largely to blame for this electoral upset. Continuing with business as usual is not an option.
Slovak Spectator | 17-Nov-2016
The talc case’s main trial before the World Bank’s international tribunal has been concluded. The decision should be made in one or 1.5 years at the latest.
Les Echos | 17-Nov-2016
Le traité de libre-échange entre l’UE et le Canada pourrait, à terme, généraliser le recours à l’arbitrage.
TeleSUR | 16-Nov-2016
The oil giant Chevron Texaco and its decades-long battle to avoid paying damages it owes in one of the worst environmental disasters in history.
Alternet | 16-Nov-2016
Our trade agreements—current and proposed—don’t send the right signals for the U.S. and other countries to meet their Paris commitments.