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.

Los Tiempos | 17-Jun-2008
Los ministros de Exteriores y Comercio de la Comunidad Andina (CAN) se reunieron hoy en Lima, por segundo día consecutivo, para tratar sobre comercio e integración con la Unión Europea, pero sin el apoyo de Bolivia a la propuesta peruana de flexibilizar una normativa sobre propiedad intelectual
| 22-May-2008
How beneficial are Bilateral Investment Treaties (BITs) for Contracting states remains a hotly debated issue, threatening to eclipse the success due to misgivings generated largely by the Latin American experience.
El Diario | 29-Apr-2008
Alrededor de 4 mil 500 empresas afiliadas a la Cámara Nacional de Autotransporte de Carga (Canacar) demandarán bajo el recurso de “en arbitraje por daños y perjuicios” al gobierno de EU, por incumplir los términos del Tratado de Libre Comercio de América del Norte (TLCAN) desde hace 14 años, al impedir el libre tránsito de transportistas e inversión entre ambos países.
Scoop | 28-Apr-2008
While media coverage of the China-NZ Free Trade Agreement has focused almost entirely on the possible dollar gains, scant attention has been paid to the equally valid exposure of New Zealand to compensation claims — should any NZ government be so bold in future as to pass laws or regulations that a foreign investor feels will impact on profitability.
| 9-Apr-2008
While it is a US company, Exxon Mobil is entitled to invoke protection under the Netherlands-Venezuela Investment Promotion and Protection Convention, which guarantees resolution of Exxon Mobil’s dispute with Venezuela in the International Center for Settlement of Investment Disputes (ICSID).
| 22-Mar-2008
When agribusiness giant Archer Daniels Midland Co. quietly filed court documents this month to overturn — and increase — a multi-million-dollar trade penalty it won against the Mexican government, the move shone a light on Chapter 11, perhaps the most controversial clause in the North American Free Trade Agreement.
Mondaq | 20-Mar-2008
Canada has just passed legislation implementing the ICSID Convention, a very important tool for the resolution of investor-state disputes. But the government has not yet indicated a timetable for ratification of the treaty. To date, only four provinces and one territory have passed similar implementing legislation.
IPS | 19-Mar-2008
Venezuela celebrated, as a triumph for countries of the developing South, Tuesday’s ruling in its favour by a British court in a legal dispute with US oil giant Exxon Mobil, which overturned an earlier court order to freeze around 12 billion dollars in Venezuelan assets.
Corporate Europe Observatory | 7-Mar-2008
Running their business via a letterbox company in the Netherlands, transnational corporations profit from the corporate-friendly Dutch tax regime and bilateral investment treaties the Netherlands has with third countries. Euro Telecom Italia (ETI), a subsidiary of Italian telecoms giant ENTEL, is one such letterbox company. ETI recently lodged a complaint with the World Bank tribunal ICSID against Bolivia for compensation, after the Bolivian government had launched a review the company’s much-criticised performance and attempted to negotiate a buy back of what used to be a public telecommunications company.
Engineering News | 7-Feb-2008
Foreign companies operating in South Africa that have lost production and ultimately profit as a result of the power supply crisis might be able to sue the government under bilateral investment treaties

0 | ... | 4350 | 4360 | 4370 | 4380 | 4390 | 4400 | 4410 | 4420 | 4430 | ... | 4520