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.

| 27-Jun-2011
Prime Minister Julia Gillard says she won’t be intimidated by big tobacco after Philip Morris launched legal action to try to force the government to back down on introducing plain packaging for cigarettes.
| 15-Jun-2011
The office of Ecuador’s Attorney General will represent Ecuador in Washington at a June 30 hearing in the arbitration case filed against the Andean country by US oil company Occidental Petroleum Corp.
| 9-Jun-2011
One of the world’s biggest tobacco companies is launching a claim against Uruguay for considering the country’s legislation commercially damaging to the company. Philip Morris corporation has filed a claim at the International Centre for Settlement of Investment Disputes (ICSID), a World Bank branch.
| 23-May-2011
UAE companies that have invested in Egypt may stand to lose millions of dollars as the state runs an investigation into alleged corruption by former government officials who sold land and assets to investors below market prices, lawyers say.
| 13-May-2011
Damac Properties is to fight the conviction of its chairman on Egyptian corruption charges by filing a case with the International Center for Settlement of Investment Disputes (ICSID), the company announced yesterday.
CCPA | 23-Mar-2011
Why should a provincial government be punished for doing the right thing?
La Prensa Gráfica | 21-Mar-2011
“El tribunal determina que la disputa no se encuentra dentro de su jurisdicción y competencia de conformidad con el CAFTA.”, Resolución del tribunal del CIADI
Public Citizen | 2-Mar-2011
The award in agribusiness giant Cargill’s NAFTA investor-state attack on Mexico’s jobs program was published last week.
Radio NZ | 7-Feb-2011
A top United States trade official says New Zealand is ready to accept investor-state disputes in the nine-country TransPacific Partnership trade agreement (TPP).
AFP | 22-Jan-2011
The United States claimed victory against Canada Friday in a trade dispute over Ottawa’s alleged subsidies for lumber exports to the United States.

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