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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.

Canada: The Occidental Tourist - Expropriation Claim Tests BIT Efficacy
| 31-Jul-2006
The outcome of Occidental Petroleum’s latest dispute with Ecuador will be an important test of the effectiveness of BITs in protecting overseas investor rights in volatile political climates.
keywords: corporate interests , Ecuador, energy, investment | BITs, investor-state disputes | ISDS
Vannessa Arbitration Update
| 31-Jul-2006
Vannessa Ventures Ltd. (the "Company") has an arbitral claim being heard in accordance with the rules of the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C. where Vannessa is requesting remedies under the Bilateral Investment Treaty between Venezuela and Canada.
keywords: Canada, ICSID, investment | BITs, investor-state disputes | ISDS, Venezuela
Zimbabwe farmers claim for land grab
Business Day | 25-Jul-2006
A group of 11 dispossessed Zimbabwean farmers of Dutch origin are poised to take their case for compensation in respect of confiscated land to an international tribunal.
keywords: investor-state disputes | ISDS, Netherlands, Zimbabwe
New legal threat over Yukos sale
FT | 12-Jul-2006
The Kremlin will face yet another legal headache on Tuesday over its role in the break-up of Yukos after US attorneys began an arbitration proceeding in Spain on behalf of Spanish investors who were allegedly hurt by the Yukos affair.
keywords: energy, investor-state disputes | ISDS, Russia
Will recent nationalisations in Bolivia give rise to claims under political risk insurance policies?
Mondaq | 15-Jun-2006
It may be advantageous for foreign investors to pursue a claim under a Political Risk insurance policy and allow the insurers to recover subsequently under any applicable investment treaty by way of subrogation.
keywords: Bolivia, investment | BITs, investor-state disputes | ISDS, US
Ecuador: Government gears up for Oxy fallout
IPS | 26-May-2006
Showing the door to Occidental Petroleum (Oxy) and scuttling US free trade negotiations have long been agenda priorities for Ecuadorian social movements and political sectors. But following government steps that have all but made these goals a reality, the atmosphere seems more anxious than celebratory.
keywords: Ecuador, energy, indigenous peoples, investor-state disputes | ISDS
Ecuador to oppose arbitration claim filed by Occidental Petroleum
MarketWatch | 24-May-2006
Ecuador will oppose an arbitration suit filed last week by Occidental Petroleum Corp (OXY) with the World Bank’s International Center for Investment Disputes in Washington, DC, said Ecuadorean Attorney General Jose Maria Borja.
keywords: Ecuador, investor-state disputes | ISDS
US oil firm files arbitration claim against Ecuador for ’expropriation’
ANTARA | 18-May-2006
The US-based Occidental Petroleum Company has filed an arbitration claim against Quito for canceling its exploration rights, a move that resulted in a suspension of free trade talks with Washington.
keywords: Ecuador, energy, investor-state disputes | ISDS
Occidental files BIT claim against Ecuador at ICSID
| 18-May-2006
US-based Occidental Petroleum has responded swiftly to a move by the Ecuadorian Government to kick the company out of Ecuador. The firm filed a request for arbitration with the Washington-based International Centre for Settlement of Investment Disputes (ICSID) yesterday. The company’s claim is expected to be for at least $1 Billion (US) in damages.
keywords: Ecuador, energy, investor-state disputes | ISDS
JPEPA: Arbitration framework readied
Manila Bulletin | 18-May-2006
The Philippines and Japan are moving towards adopting arbitration procedures in settling disputes to avoid lengthy and expensive court battles in protecting investments from both sides as they finalize their proposed bilateral free trade pact.
keywords: investor-state disputes | ISDS, Japan, Philippines

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