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.

European Law Blog | 22-May-2017
The Court’s Opinion has consequences for future EU trade deals such as CETA and potentially a future UK-EU FTA.
EJIL: Talk! | 19-May-2017
The Court of Justice for the European Union fired a significant shot at investor-state dispute settlement (ISDS), and the result is likely to be much more than just a flesh wound.
PACS | 19-May-2017
The BRICS Group was born in the century XXI with renewed expectations of changes in the world order through greater participation of the Global South. However, what we have witnessed so far is the consolidation of a new/old unequal world order.
Inquirer.net | 18-May-2017
RCEP negotiations have been highly conspiratorial and undemocratic, with all 18 rounds of trade discussions held in secret and no reports shared with the public
NZ Herald | 17-May-2017
If all parliaments in member states have to approve international trade deals, future trade deals may take even longer than they already do to come to fruition.
Reuters | 17-May-2017
U.S. oil firm Cobalt said it had filed requests for arbitration seeking more than $2 billion from Angola’s state-run Sonangol.
ET Telecom | 17-May-2017
Vodafone Group Plc has served its second notice on the Indian government to formally commence the​second ​arbitration in the high profile Rs 22,000 crore tax matter.
Ecofin | 17-May-2017
Cobalt Energy a annoncé avoir déposé une demande d’arbitrage international dans laquelle il réclame 2 milliards de dollars au gouvernement angolais.
Electronic Frontier Foundation | 17-May-2017
There has also been no official release of the chapters and textual proposals related to rules that are being tabled.
Kluwer Arbitration Blog | 16-May-2017
How far does the new Bolivian arbitration act go in its intent to keep State arbitration inside the country?

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