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.

Marketwire | 12-Aug-2010
A legal analysis of the challenge launched by Philip Morris International found the company to be both unjustified and unreasonable in its opposition to Uruguay’s new tobacco packaging laws.
Eyes on Trade | 12-Aug-2010
Public Citizen now have exclusive Google maps of the locations of corporations that would gain new rights to challenge public interest laws under the US-Korea FTA.
| 11-Aug-2010
French media conglomerate Vivendi (VIV.FR) Tuesday said the International Centre for Settlement of Investment Disputes, or ICSID, reaffirmed its original ruling and financial award in favour of the company in a long-running dispute with Argentina.
| 11-Aug-2010
In a decision with implications for the national sovereignty of member states under US trade pacts, a World Bank tribunal has approved a Canadian mining company’s controversial lawsuit against the government of El Salvador.
Business Day | 11-Aug-2010
An international arbitration tribunal in The Hague has dismissed an objection by Italian investors claiming that SA’s black economic empowerment requirements represented expropriation and violated the country’s bilateral investment treaties with Italy and the Belgo-Luxembourg Economic Union.
CETIM | 6-Aug-2010
Existe una densa trama de convenios y tratados económicos y financieros -internacionales, regionales, subregionales y bilaterales- que han suplantado los instrumentos básicos del derecho internacional y regional de los derechos humanos.
Reuters | 6-Aug-2010
Chevron Corp urged a US federal appeals court not to force it into Ecuador’s courts, but to allow it to go to international arbitration, to defend a $27.4 bn lawsuit alleging its oilfields polluted the Amazon rainforest and sickened thousands of Ecuadorians.
Dow Jones | 3-Aug-2010
The International Center for Settlement of Investment Disputes, or Icsid, dismissed the claims lodged by Enron Creditors Recovery Corp and Ponderosa Assets L.P. late Friday.
Buenos Aires Herald | 2-Aug-2010
A committee of the International Centre for Settlement of Investment Disputes (ICSID) ruled in favour of Argentina and cancelled a decision by which it had been condemned to pay more than US$106 million to shareholding companies of the local Southern Gas Conveyor (TGS)
Sunday Times | 27-Jul-2010
A dispute initiated by Deutsche Bank against the government of Sri Lanka will be a test case on whether derivatives contracts should be considered ’investments’ under bilateral investment treaties

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