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.

| 20-Apr-2007
La mayoría demócrata en el Congreso de EE. UU. exige la renegociación de TLC en curso
Australia National University | 16-Apr-2007
Peter Drahos looks at the issue of dispute settlement in the gowing web of US bilateral free trade agreements, how this relates to the WTO’s dispute settlement system and the implications for developing countries.
| 9-Apr-2007
Global Gold mining company submitted its claim to the International Center for Settlement of Investment Disputes (ICSID), a body adjunct to the World Bank, against the Government of the Republic of Armenia (ROA). The Company is trying to protect its investment rights in arbitration court.
| 30-Mar-2007
Pittsburgh-based Railroad Development Corporation (RDC) has hired former US trade agreement negotiator, Regina Vargo, and filed suit against the Guatemalan government under the investor-state provisions within Chapter 10 of CAFTA.
Moneyweb | 30-Mar-2007
Finstone Ltd SA, a foreign mining company based in Luxembourg, is suing the South African government for an alleged expropriation of its mineral rights. Finstone is a holding company in control of three South African granite producing operations i.e. Marlin, Red Graniti and Kelgran. The real challenge posed by this legal action is that the abovementioned investors find the black economic empowerment programme is in violation of the bilateral treaties signed with South Africa by both Luxembourg and Italy.
Multimedios del Cariba | 29-Mar-2007
Acicateado por la entrada en vigencia del dr-cafta, parece llegado el turno a las demandas financieras derivadas de compromisos asumidos por el estado mediante contratos con empresas extranjeras
Radio Mundo Real | 22-Mar-2007
Terminó el miércoles en Montevideo, capital uruguaya, un encuentro de tres días de duración denominado “Corporaciones versus Estados; los mecanismos de solución de diferencias entre inversores y Estados”, organizado por REDES-Amigos de la Tierra Uruguay y Amigos de la Tierra Internacional
| 22-Mar-2007
A US company mining gold in Armenia has initiated an international arbitration of its bitter dispute with Environment Minister Vartan Ayvazian whom it accuses of corruption and other violations of the law.
Business Week | 17-Mar-2007
Foreign energy investors said on Friday that they warned the Dominican Republic it had to mend its crippled power sector months before filing a US$680 million (euro510 million) lawsuit against the country for lost electricity revenue.
The New Anatolian | 17-Mar-2007
Dutch investment company Saba Fakes, who claim to hold the biggest part of shares of Turkey’s second big GSM operator Telsim, is preparing to file an arbitration case at International Arbitration amounting to 19 billion dollars in reparations.

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