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.

Messenger | 20-Oct-2010
On October 15 Georgian law enforcers detained Israeli businessmen offering Deputy Minister of Finance, Avtandil Kharadze USD 7 million for him to convince the Georgian Government not to challenge a decision of the International Centre for Settlement of Investment Disputes (ICSID).
ICTSD | 30-Sep-2010
The US government has called for the creation of a dispute settlement panel under the North American Free Trade Agreement to rule on Mexico’s decision to pursue a complaint about US labelling rules for ‘dolphin safe’ tuna at the WTO rather than under NAFTA.
Market Watch | 29-Sep-2010
Gold Reserve’s claim alleges violations of three provisions of the Canada-Venezuela BIT culminating in the effective expropriation of Gold Reserve’s investments in the Brisas gold/copper project and the Choco 5 gold property.
AFP | 29-Sep-2010
Le groupe minier américano-canadien Gold Reserve Inc a annoncé mardi qu’il cherchait à obtenir plus de 1,9 milliard de dollars de compensations du Venezuela pour l’expropriation de ses mines dans ce pays.
Korea Times | 17-Sep-2010
At an UNCTAD workshop held in Xiamen earlier this month, Korea introduced its model for preventing investor-state disputes through aftercare services.
AFP | 13-Sep-2010
Uruguayan officials announced plans Thursday to take further steps to toughen controls on tobacco despite a pending legal battle with global cigarette powerhouse Philip Morris International.
| 30-Aug-2010
The Indian government’s doublespeak on generic medicines has the stakeholders in a tizzy.
Montreal Gazette | 28-Aug-2010
It came as a surprise to many this week that the federal government — and ultimately Canadian taxpayers — will make a payment of $130 million to Montrealbased AbitibiBowater Inc. to compensate for company assets expropriated by the Newfoundland government in that province.
| 25-Aug-2010
Premier Danny Williams says the Newfoundland and Labrador government will not share the $130-million settlement the federal government made with AbitibiBowater.
UN News Centre | 24-Aug-2010
A new online publication by the United Nations trade arm explores alternative methods that governments and international investors may use to resolve increasingly frequent disputes that must currently be handled through lengthy international arbitration.

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