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.

Le Monde | 15-Mar-2018
Serait-ce le début de la fin pour les très controversés tribunaux d’arbitrage « ISDS », ces juridictions d’exception qui traitent les litiges entre les multinationales et les Etats ?
Live Mint | 14-Mar-2018
Under international arbitration proceedings the final hearing of Cairn’s claim under the UK-India Bilateral Investment Treaty is scheduled for August 2018 in The Hague.
CEO | 13-Mar-2018
Renaud Beauchard, law professor, explains the arbitration tribunals of CETA and TTIP which enable multinationals to sue States.
UNIAN | 13-Mar-2018
According to the holding’s chief commercial officer, once Ukraine wins in court, the question will arise of physically taking this money from Russia.
EU Law Analysis | 13-Mar-2018
My prediction for CETA and TTIP is that an opinion would be a death sentence for the investment protection provisions, since they are capable of being applied to various aspects of EU law.
Freedom Newspaper | 13-Mar-2018
Shocking information from insiders tells us that the authorities are about to make a payment to the International Settlement of Investment Disputes of nearly US dollars 500,000 as a prepay for the three litigations.
Kluwer Arbitration Blog | 13-Mar-2018
CJEU’s decision in Slovakia v Achmea finally bringing justice to the most recent members of the EU.
Ahval | 13-Mar-2018
The claim alleges that Cascade’s investment’s in a media services company were unlawfully expropriated by the Turkish state in the crackdown that followed the coup attempt of July 2016.
South China Morning Post | 12-Mar-2018
Political party says the newly signed Trans-Pacific Partnership trade pact, which contains similar clauses to the Hong Kong deal, could prompt more costly challenges in The Hague