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.

Vanguard News Nigeria | 2-Sep-2021
AfCFTA roundtable brought together business leaders, academia, government representatives, trade, and legal experts to discuss and deliberate on dispute issues in implementing the agreement in Nigeria.
Client Earth | 2-Sep-2021
Environmental organisations have hailed a court decision that could mean the end of a little-known legal mechanism that poses a massive threat to climate action.
BIICL | 31-Aug-2021
This study examines over 400 investor-State cases, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of damages awarded.
MercoPress | 27-Aug-2021
The investment fund Titan Consortium has taken legal steps after the expropriation of Aerolineas Argentinas in 2008, which resulted in an arbitration award against Argentina.
OpinioJuris | 26-Aug-2021
The new resource extraction regime continued to consolidate through the approval of new development plans, new standards, and the signing of international investment agreements.
Diario Uchile | 24-Aug-2021
La globalización y los procesos de integración económica en América Latina han significado el aumento del poder que las empresas transnacionales ostentan en nuestros países.
Reuters | 24-Aug-2021
A US government watchdog found multiple problems with the construction, manufacture and design of the Keystone pipeline.
Emerging Europe | 24-Aug-2021
Kazakhstan has welcomed what it calls an opportunity for an independent arbitral tribunal to carry out “a free and fair review of the Statis’ fraud”.
IA Reporter | 24-Aug-2021
Deux sociétés aéroportuaires françaises, Aéroports de Paris (ADP) et Vinci Airports, ont engagé une procédure d’arbitrage contre le Chili, en invoquant le traité bilatéral d’investissement (TBI) Chili-France.

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