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.

Indonesia for Global Justice | 9-Sep-2015
The Government plan to reassess the 64 Bilateral Investment Treaties (BITs) that have been signed by Indonesia immediately.
Euractiv | 8-Sep-2015
The European Commission will not ask EU judges to decide on the legality of the investor-state dispute settlement (ISDS) mechanism in free trade agreements.
Latin American Herald Tribune | 8-Sep-2015
A U.S. Federal Court has upheld U.S. enforcement of an International Chamber of Commerce (ICC) arbitration agreeing that U.S. oil giant ConocoPhillips has the right to take Venezuela state oil company PDVSA’s 50% stake.
Business Recorder | 7-Sep-2015
The Board of Investment (BoI) has given final touches to a Bilateral Investment Treaty (BIT) template, which will replace the existing treaties with different countries. Alternative Dispute Resolution (ADR) mediation would be made compulsory.
Tech Dirt | 4-Sep-2015
The excitement over the mad dash to finish TPP — and the failure to do so — has rather obscured the other so-called trade deals currently being negotiated, such as TAFTA/TTIP and the one between the EU and Canada, CETA.
Counter Punch | 3-Sep-2015
Over 90 percent of El Salvador’s surface water is contaminated with industrial chemicals, making it unsuitable to drink even if the water is boiled, chlorinated or filtered beforehand. A new action plan for passing a nationwide ban has begun to unfold, as Salvadorans await the outcome of the Pacific Rime ICSID case.
El Diario | 3-Sep-2015
Los principales objetivos del acuerdo son la eliminación de las barreras no arancelarias, la compatibilización de normativas (la convergencia reguladora) y la generación de normas comunes destinadas a facilitar el comercio de bienes y sobre todo de servicios y de inversiones, así como a proteger a los inversores
News Nation | 1-Sep-2015
The amendment to Arbitration Act will be taken up in the forthcoming Parliament session. The amended act would be on par with the United Nations Commission on International Trade Law (UNCITRAL) system.
Financial Express | 29-Aug-2015
The government is looking to replace the Bilateral Investment Promotion and Protection Agreements (BIPPA) with a Bilateral Investment Treaty (BIT),
Holding Redlich | 28-Aug-2015
Changes to Australian food labelling laws provide consumers with an increased understanding of the origin of their food. The challenge Australia faces is to ensure compliance with foreign investment trade agreements.