Up until now, Australia has never agreed to provide American investors with access to Investor-State Dispute Settlement (ISDS), whereas Canada has. In total Canada has faced 35 challenges. Australia has been subjected to only one case.
Under the Trans-Pacific Partnership (TPP), multinational corporations will be able to sue the Australian Government in secret corporate courts over laws that protect our health, environment and workers’ rights.
Changes to Australian food labelling laws provide consumers with an increased understanding of the origin of their food. The challenge Australia faces is to ensure compliance with foreign investment trade agreements.
Despite debates about crisis in investment treaty arbitration, most emerging market economies are concluding BITs that provide for ISDS and emerging market multinational companies appear to welcome ISDS.
India has a faced a number of claims from foreign investors over the years under the BIT regime. It is presently engaged in over 20 investor-State disputes, with a number of them revolving around retrospective tax claims.
Now that the February 23 deadline for the court directive to pay Tk2,000 crore audit dues to the telecom regulator looms, Telenor hopes that the ongoing audit dispute can be settled without resorting to international arbitration.