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.

Public Radio International | 4-Jan-2014
Last month, a judge ruled that the Ecuadorians can pursue their case against Chevron in Canada.
Wall St Journal | 4-Jan-2014
An international arbitration tribunal in The Hague hearing a claim from Chevron Corp. against Ecuador pushed back a scheduled hearing to Feb. 7 from Jan. 20 and called on both parties to meet in Washington on Jan. 20 instead.
The Hindu Business Line | 2-Jan-2014
In the last couple of years, South Africa has become the unlikely champion of the anti-BIT movement.
| 28-Dec-2013
A shareholder from the United Kingdom of the company Progas Pakistan has initiated international arbitration proceedings of $573 million against Pakistan for alleged expropriation of its LPG infrastructure in Karachi and the government has decided to vigorously contest the case.
Democracy Now | 28-Dec-2013
A court in Canada has ruled Ecuadorean farmers and fishermen can try to seize the assets of oil giant Chevron based on a 2011 decision in an Ecuadorean court found it liable for nearly three decades of soil and water pollution near oil wells, and said it had ruined the health and livelihoods of people living in nearby areas of the Amazon rainforest.
Tlaxcala | 27-Dec-2013
Over 100 civil society groups and social movements from Europe and the USA have signed on an open letter that was sent to the chief negotiators of the Transatlantic Trade and Investment Partnership to voice one joint demand: to exclude any Investor-state Dispute Settlement mechanism from the TTIP
Le Monde Diplomatique | 20-Dec-2013
Iniciadas en 2008, las discusiones sobre el acuerdo de libre comercio entre Canadá y la Unión Europea culminaron el pasado 18 de octubre. Un buen presagio para Estados Unidos, que espera concluir una asociación de este tipo con el Viejo Continente. Proyecto que, de concretarse, someterá a los Estados a las normas del liberalismo.
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.

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