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.

Lexology | 19-Aug-2021
Third-party funding of disputes did not start with ISDS, but it has become the fastest growing dispute forum for third-party funders.
The Ecologist | 19-Aug-2021
Tackling trade and investment agreements must be an essential step in achieving justice-oriented action on climate change, health inequities and economic injustice.
elsalvador.com | 19-Aug-2021
El caso nace de un proceso judicial desarrollado en los tribunales salvadoreños donde el HSBC buscó recuperar $2 millones en prestamos a una empresa salvadoreña.
Reuters | 19-Aug-2021
HSBC Holdings said the banking group has initiated legal proceedings against El Salvador for what the company called a breach of the nation’s investment treaty with the UK.
Proactive | 18-Aug-2021
Pathfinder Minerals PLC has gained ground after some progress towards settling a dispute in Mozambique.
IOL | 18-Aug-2021
RUSSIAN attorneys have warned they will institute international arbitration proceedings against South Africa for failing to protect their client Transasia Mineral’s investment after the company was allegedly defrauded of R458 million by a local businessman.
Cooperativa | 18-Aug-2021
ADP y Vinci recurrieron al CIADI para resolver su disputa con Chile sobre la disminución del tráfico aéreo y de las actividades comerciales, así como el perjuicio que les habrían causado las restricciones sanitarias, producto del Covid-19.
IA Reporter | 17-Aug-2021
Two French airport companies, Aeroports de Paris (ADP) and Vinci Airports, have initiated treaty-based arbitration proceedings against Chile, invoking the Chile-France bilateral investment treaty (BIT).
The Reporter | 15-Aug-2021
The Hague based Permanent Court of Arbitration (PCA) passed its final judgment on Friday rejecting the Israel based mining company’s, Israel Chemical Limited (ICL) compensation claims filed against the government of Ethiopia.
Globe Newswire | 15-Aug-2021
Winshear Gold Corp. has filed a case at ICSID against Tanzania for the expropriation of the company’s retention licenses, claiming the country has breached its obligations under the Tanzania-Canada BIT.

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