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.

| 3-Dec-2015
The forced re-regulation of Queensland’s $2 billion sugar industry could breach international trade agreements and threaten foreign investment, Queensland Deputy Premier Jackie Trad said.
BEUC | 3-Dec-2015
Although TPP seems a remote issue, it could have a direct impact on EU consumers.
Rabble | 2-Dec-2015
The latest speculation is that CETA isn’t likely to go before the European Parliament until mid to late 2016 or early 2017.
Global Development And Environment Institute | 2-Dec-2015
TTIP is intended to remove “non-tariff barriers to trade”. But the barriers it is targeting are democratically adopted regulations, preventing or correcting damages that would result from unregulated private markets.
SSRN | 2-Dec-2015
Foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate.
Friends of the Earth Europe | 2-Dec-2015
This report explains how the European Union is aggressively pursuing special rights for businesses whilst hampering efforts to hold corporations responsible for the human rights violations they commit.
Le Monde | 30-Nov-2015
L’A340 ultra luxueux de l’ex-dictateur libyen Mouammar Kadhafi croupit à l’aéroport de Perpignan et se retrouve au cœur d’une épique bataille judiciaire pour définir le nom de son prochain propriétaire.
Tele Sur | 30-Nov-2015
The resolution calls for an international forum on the implementation of measures to better protect the rights of sovereign countries from exploitative multinationals.
Médias24 | 30-Nov-2015
L’Etat est moins intransigeant sur les formes. Sur le fond, il maintient ses exigences de garanties et de remboursement intégral des créances publiques.
Gateway House | 27-Nov-2015
For India, the U.S.-driven Trans Pacific Partnership will skew investment and intellectual property rights, and especially the debate over the Investor State Dispute System which allows companies to challenge soverign rights and public policy.