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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.

German investor launches ICSID case against Costa Rica over alleged expropriation of land near endangered turtle habitat
ITN | 7-Dec-2009
German investor Reinhard Unglaube, a resident of Costa Rica, has commenced arbitration against his host country over the latter’s refusal to grant the appropriate permits to extend his eco-tourist hotel complex in Playa Grande, Costa Rica.
keywords: Costa Rica , environment , Germany , investment | BITs , investor-state disputes | ISDS
Quiborax claim against Bolivia continues; may provide first decision on effects of ICSID exit
ITN | 5-Nov-2009
Chilean Química e Industrial del Bórax Ltd. (“Quiborax”) will continue with its claim against Bolivia at the International Centre for Settlement of Investment Dispute (“ICSID”), despite reports of a settlement agreement and Bolivia’s renunciation of the ICSID convention. The case will likely shed the first light as to the effects of renouncing the ICSID Convention, a controversial topic over which no tribunal has yet to rule.
keywords: Bolivia , Chile , ICSID , investment | BITs , investor-state disputes | ISDS
Ecuador prepares for new hearings in Occidental case
Dow Jones Newswires | 31-Oct-2009
Occidental is seeking $3.2 billion in damages for Ecuador’s May 2006 decision to cancel the company’s operating contract
keywords: Ecuador , investor-state disputes | ISDS , US
Claim by Cargill leads to another loss for Mexico
IISD | 9-Oct-2009
Mexico has suffered another loss in a series of investor-state arbitral disputes involving its sugar industry.
keywords: agriculture | farmers | food , investor-state disputes | ISDS , Mexico , NAFTA | USMCA , US
Ad Hoc Committee confirms Argentina is on the hook to Azurix for US$165 Million
IISD | 6-Oct-2009
Marking a final setback for Argentina in its protracted dispute with US-based water services firm Azurix Corp, on 1 September 2009 an ad hoc committee denied Argentina’s application to annul an ICSID tribunal’s previous decision awarding Azurix approximately US$165 Million for breach of Argentina’s obligations under the US-Argentina Bilateral Investment Treaty.
keywords: Argentina , corporate interests , ICSID , investment | BITs , investor-state disputes | ISDS , water
Eureko secures exit from Polish PZU row
IPE | 2-Oct-2009
An agreement has been signed between the Polish Ministry for State Treasury and Eureko to pay the insurer an interim dividend in November 2009 worth €1.85bn.
keywords: health , investor-state disputes | ISDS , Netherlands , Poland , services
Ecuador criticizes Chevron arbitration claim
Reuters | 25-Sep-2009
Ecuador accused Chevron Corp on Thursday of filing an international arbitration claim against the country in an attempt to shield itself against losing a $27 billion environmental damage lawsuit.
keywords: Ecuador , investment | BITs , investor-state disputes | ISDS , US
Chevron takes Ecuador fight to arbitrators
Financial Times | 24-Sep-2009
Chevron, the world’s third biggest oil company, said it had filed an international arbitration claim against the government of Ecuador, citing violations of the country’s obligations under the US-Ecuador bilateral investment treaty, investment agreements and international law.
keywords: Ecuador , investor-state disputes | ISDS , US
ICSID rejects Turkish Co $756m claim against Pak
| 7-Sep-2009
An arbitral tribunal appointed by the International Centre for Settlement of Investment Disputes (lCSID) of the World Bank hearing a claim brought by a Turkish investor against the Islamic Republic of Pakistan has rejected all claims for breach of a bilateral investment treaty between the two countries.
keywords: ICSID , investment | BITs , investor-state disputes | ISDS , Pakistan , Türkiye
Commentary: Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses
IISD | 3-Sep-2009
The recent decision in Pantechniki v. Albania appears to be the only award in the public domain in which a tribunal has held a fork-in-the-road clause to have been triggered by an investor’s prior court proceedings.
keywords: Albania , Greece , investor-state disputes | ISDS