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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.

Air of intrigue in move against plain packaging
Canberra Times | 25-Nov-2011
Despite the compelling rationale that the public has a stake, Philip Morris’ claims will not be heard in an Australian court by respected judges, but by an ad-hoc tribunal that will meet in Singapore or another foreign country.
keywords: Australia , investor-state disputes | ISDS , UNCITRAL
As confrontation looms, GNP calls for ISD clarification from DP
| 22-Nov-2011
The ruling Grand National Party (GNP) placed pressure on the Democratic Party on Monday to state how it would respond if a written agreement for investor-state dispute (ISD) provision renegotiations for the South Korea-U.S. Free Trade Agreement (KORUS FTA) were received from the South Korean and U.S. trade officials.
keywords: investment | BITs , investor-state disputes | ISDS , Korea , US
Cigarette plain packaging laws pass Parliament
| 21-Nov-2011
The Federal Government’s plain packaging laws for cigarettes have now passed both houses of Parliament but are facing their first legal challenge.
keywords: Australia , health , Hong Kong , investor-state disputes | ISDS
Justice Ministry’s KORUS FTA warning
| 9-Nov-2011
The Ministry of Justice submitted a formal opinion strongly recommending caution with regard to the investor-state dispute (ISD) system, a key item of contention with the South Korea-United States Free Trade Agreement.
keywords: investment | BITs , investor-state disputes | ISDS , Korea , US
FTA wrangling heats up outside Assembly
| 6-Nov-2011
The main opposition Democratic Party stepped up its public campaign against the Korea-U.S. Free Trade Agreement over the weekend, as the ruling Grand National Party mulled pushing a final vote at a plenary session Wednesday.
keywords: investor-state disputes | ISDS , Korea , US
Legal weapon that gives corporations the edge on governments
| 5-Nov-2011
Swedish energy giant Vattenfall will take advantage of an "extraordinarily powerful legal tool" now available to the world’s corporations to sue the German government for phasing out nuclear power, it was confirmed this week.
keywords: energy , investment | BITs , investor-state disputes | ISDS
U.S. companies profit from investor-state dispute system
| 5-Nov-2011
The South Korean government describes the investor-state dispute system (ISD), introduced by the country for 81 bilateral investment treaties (BITs) formed since 1967, as a means of protecting offshore investments by South Koreans. But South Korea has never once sued another country, nor has the government been sued by a foreign investor. The reason was that none of those treaties was with the United States.
keywords: investment | BITs , investor-state disputes | ISDS , Korea , US
A total lack of transparency
Canadian Lawyer | 28-Oct-2011
Why responsible companies and governments should avoid the revised ICC Rules in arbitrations involving states.
keywords: India , investor-state disputes | ISDS
Protecting investors’ rights: An assessment of EU’s new mandate on international investments
Madhyam | 7-Oct-2011
This article tries to provide a first brief assessment of the leaked EU negotiation mandate for an investment protecting agreement in the EU free trade agreements with Canada, India and Singapore.
keywords: Canada , EU , India , investor-state disputes | ISDS , Singapore
European Member States refuse necessary reform, ignore the will of the European Parliament and insist that future EU investment agreements copy their bad practices
S2B | 15-Sep-2011
On Monday 12 September the General Affairs Council approved negotiating mandates for investment protection chapters in free trade agreements with Canada, India and Singapore.
keywords: actions | resistance , Canada , EU , FTAs (texts of) , India , investment | BITs , investor-state disputes | ISDS , Singapore