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.

The Economic Times | 19-Oct-2021
Devas Multimedia’s investors are eyeing several properties owned by the Indian government across the world, as they seek to enforce a $1.3 billion arbitral award the satellite company won against Antri.
Radio Uchile | 18-Oct-2021
Un proceso de consulta, como el iniciado por Principal, es un mecanismo establecido en los TLC para resolver controversias entre empresas y los Estados de una manera negociada.
The Express Tribune | 18-Oct-2021
Turkish construction company Bayindir filed a claim under the 1995 Turkey-Pakistan bilateral investment treaty at the ICSID on October 12.
Lawyer Monthly | 18-Oct-2021
Air Canada was awarded $20,790,574 million as repatriation, an amount to which it was entitled after set off against sums that were also owed to Venezuela.
OHCHR | 15-Oct-2021
UN experts today called on States to ensure that international investment agreements do not provide a “safe harbour” for investors to abuse the human rights of individuals and communities.
Lexology | 15-Oct-2021
Investor–state arbitration has grown over the years to become one of the most dynamic and controversial features of international investment law.
The Malaysian Reserve | 15-Oct-2021
PETROLIAM Nasional Bhd (Petronas) has led a request for arbitration at the International Centre for Settlement of Dispute in the absence of positive development on Sudan’s transitional government’s decision to confiscate the company’s assets in Khartoum, Sudan.
La Jornada | 13-Oct-2021
Además de la sustitución de la OEA, es urgente abordar dentro de la Celac el problema que es el Centro Internacional de Arreglos de Diferencias Relativas a Inversiones del Banco Mundial (Ciadi), dado que países de América Latina y el Caribe son los más demandados en este organismo, por miles de millones de dólares por corporaciones trasnacionales a escala mundial, especialmente por industrias extractivas.
AFTINET | 13-Oct-2021
While the tribunal has yet to make a decision about compensation to be paid, Eco Oro Minerals is claiming nearly $700 USD million.
The Monitor | 13-Oct-2021
A Canadian company’s successful challenge to a precautionary mining ban in Colombia shows how little investor–state dispute panels care about the right to regulate.

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