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.

Fox | 23-Nov-2015
President Rafael Correa said that Ecuador had "practically" reached agreement on the payment of compensation to U.S. oil company Occidental Petroleum.
CIEL | 19-Nov-2015
Like TPP, U.S. free trade agreement (FTA) formed in the past two decades have similarly promised meaningful and enforceable labor and environmental safeguards.
The National Law Review | 19-Nov-2015
The final text of the TPP’s Investment Chapter remains broadly consistent with other U.S. investment agreements and includes some important new language that is consistent with the U.S. Model BIT issued by the U.S. State Department
Vieuws | 18-Nov-2015
European Parliament President, Martin Schulz and Chair of the EP’s International Trade Committee, Bernd Lange said they wanted the Investment Court System (ICS) to be also part of the EU free trade agreement with Canada, known as CETA.
The Indian Express | 18-Nov-2015
India’s new model BIT makes it clear that its goal is to accomplish more than investor protection.
AFL-CIO | 16-Nov-2015
A coalition of U.S. and Mexican labor and civil society groups are taking an unprecedented legal approach to protect workers’ rights that will test the strength of labor protections in international trade agreements.
IA Reporter | 16-Nov-2015
In broad terms, the agreement’s investment chapter looks familiar – particularly in relation to other recent U.S. investment treaties and FTAs.
TNI | 12-Nov-2015
SOMO and TNI launch a new a quiz on ISDS & TTIP. The quiz is intended to increase everyone’s critical knowledge of ISDS and TTIP.
European Commission | 12-Nov-2015
As published by the European Commission
El Comercio | 11-Nov-2015
Una nueva demanda se suma a la lista de arbitrajes que el Ecuador enfrenta en cortes internacionales por más de USD 6 670 millones.