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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.

Churchill Mining files international arbitration against Indonesia
| 24-May-2012
Churchill Mining (LON:CHL) said it has now filed for international arbitration in its dispute regarding the East Kutai coal project (EKCP) in Indonesia, 75 per cent owned by Churchill.
keywords: ICSID, Indonesia, investor-state disputes | ISDS, mining, UK
Plain packaging risks lawsuits
| 21-May-2012
Smoking is bad for our health. Smoking is detrimental to our economic well-being - smoking-related conditions and diseases cost the health service in this country millions and millions of dollars each year. But moves to reduce or stop smoking in this country could cost us just as much if not more.
keywords: CPTPP, health, intellectual property, investment | BITs, investor-state disputes | ISDS, New Zealand, US
Leading US official rules out renegotiation of free trade pact
| 4-May-2012
Assistant U.S. Trade Representative Wendy Cutler ruled out renegotiation of the Korea-U.S. free trade agreement on Thursday, saying the deal had been in effect for just six weeks. Her comments foreshadowed a tough time for the Korean government’s efforts to revise the investor-state dispute settlement system under the accord.
keywords: investment | BITs, investor-state disputes | ISDS, Korea, US
Supreme Court recommends renegotiation of ISD clause
The Hankyoreh | 30-Apr-2012
Controversial KORUS FTA clause could lead to ‘legal chaos’, says Korea’s top legal body
keywords: investor-state disputes | ISDS, Korea, US
Treaties that gave away the store
| 27-Apr-2012
As India grapples with the Vodafone and 2G fallout, the Bilateral Investment Treaties it signed a few years ago are coming back to haunt it.
keywords: corporate interests , India, investment | BITs, investor-state disputes | ISDS
EU’s De Gucht: Argentina Risks Jeopardizing Trade Ties
| 24-Apr-2012
The European Union has warned Argentina that it risks jeopardizing trade ties over Buenos Aires’ plans to expropriate a unit of Spanish oil company Repsol YPF SA (REP.MC) and impose a series of import restrictions and that Brussels stands ready to take retaliatory action.
keywords: Argentina, EU, investment | BITs, investor-state disputes | ISDS, Spain
Study investment provisions before an FTA says advocacy group
| 20-Apr-2012
The country should carefully study investment provisions before entering into foreign trade agreements (FTAs) as these may infringe on government’s regulatory power on foreign firms, an advocacy group on Friday said.
keywords: actions | resistance, ASEAN, EU, investment | BITs, investor-state disputes | ISDS, Philippines
Case note: How Chevron v. Ecuador is pushing the boundaries of arbitral authority
IISD | 13-Apr-2012
The arbitral tribunal in Chevron v. Ecuador has taken a series of steps in recent months suggesting that it has a broad view of its authority.
keywords: Ecuador, energy, environment, investor-state disputes | ISDS, US
India plans to abolish ISD clause in FTAs
| 6-Apr-2012
India plans to abolish the investor-state dispute system and renegotiate FTAs with South Korea, Singapore, and other countries, an Indian newspaper reported.
keywords: India, investment | BITs, investor-state disputes | ISDS, Korea
’We can’t even manage to send a lemon to the US,’ CFK
| 1-Apr-2012
President Cristina Fernández de Kirchner questioned US president Barack Obama’s recent decision to suspend trade benefits for Argentina, while complaining that “we can’t even manage to get one of our lemons to enter the US market.”
keywords: Argentina, ICSID, investment | BITs, investor-state disputes | ISDS, US

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