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.

Eleve | 23-Jun-2017
El Estado argentino enfrenta su primer juicio en el exterior por la nacionalización de las AFJP.
IISD | 23-Jun-2017
The Energy Charter Secretariat is in expansion mode, wanting to gain access to energy resources in Africa and Asia for its current—mostly developed country—members, and extending a far-reaching (and outdated) investment protection system to investments in resource-rich countries.
Newburgh Gazette | 23-Jun-2017
Chevron is victorious after the Supreme Court declined to hear a case made against the company by a NY lawyer representing Ecuadorian villagers.
National Law Review | 23-Jun-2017
Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals.
Lexology | 22-Jun-2017
The Revised Mining Charter 2017 could, in respect of certain provisions thereto, result in BIT guarantees for qualifying foreign investors being infringed.
Kapitalis | 21-Jun-2017
L’Etat tunisiens a intérêt à négocier et à accepter une solution à l’amiable de son litige avec l’ABCI à propos de la BFT. Car le verdict du Cirdi risque d’être financièrement douloureux.
ISDS Blog | 21-Jun-2017
It is still unclear what the withdrawal from the global climate deal really means, but some lawyers are already saying that the decision might lead to international arbitration claims against the US.
Entorno Inteligente | 19-Jun-2017
La empresa minera canadiense Gold Reserve dijo que Venezuela le pagó $40 millones de dólares y que, en los próximos dos años, cancelará el resto de su deuda de aproximadamente que suman 1.032 millones de dólares.
PTI | 19-Jun-2017
The Income Tax Department has ordered coercive action against Cairn Energy of UK, including taking away over Rs 2,000 crore dividend and tax refund, to recover part of the Rs 10,247 crore retrospective tax.
Latin America Herald Tribune | 19-Jun-2017
Gold Reserve Inc. reports that it has received a $40 million payment on its $800 million judgment that it won at the World Bank’s International Center for the Settlement of Investment Disputes (ICSID) in 2014.

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