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.

Friends of the Earth Canada | 30-Sep-2016
Some of Canada’s largest environmental, labor and civil society organizations have now joined the growing international community demanding that Chevron clean up its toxic waste in the Ecuadorian Amazon.
Inf’OGM | 30-Sep-2016
S’il est adopté, le Ceta aboutira à une consolidation des droits de propriété industrielle dont le Certificat d’obtention végétale et le brevet qui concernent directement les semences.
Ecelaw | 29-Sep-2016
Federal Court of Canada rejects Bilcon’s application to stay proceedings, denying the Delaware company an early pay day.
The Globe and Mail | 29-Sep-2016
The latest salvo in a marathon multibillion-dollar legal battle between global energy giant Chevron Corp. and a group of Ecuadorean residents over environmental damage has begun in a Toronto court.
I-ARB Africa | 29-Sep-2016
This surge in the ratification of “Intra-African” BITs is part of the Moroccan “South-South Partnership” strategy
Lexicology | 28-Sep-2016
A discussion of some general distinctions between invesment treaty protections and political risk insurance.
Live Mint | 28-Sep-2016
On Canada’s insistance, India is expected to sign a bilateral investment treaty (BIT) with Canada based on an old text, not its new model BIT. The old text contains contentious provisions such as the investor-state dispute settlement mechanism.
Global Labour Column | 28-Sep-2016
For decades, labour has been fighting purely defensive battles against the neo-liberal trade and investment agenda; we lack an agenda of our own. Lost ground will not be reclaimed on what is fundamentally hostile territory, argues Peter Rossmann of the IUF.
Oneworld | 27-Sep-2016
The so-called “ISDS” has been existing for years already. A revealing look in the hidden world of investor-state dispute settlement.
TNI | 23-Sep-2016
How CETA’s investor protection rules could result in a boom of investor claims against Canada and the EU.