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.

BuzzFeed | 9-Sep-2016
A secretive global legal system gives corporations leverage over the countries where they operate. Everyone said the United States didn’t have anything to worry about, because American laws are fair to begin with. Everyone was wrong.
Spicy IP | 9-Sep-2016
The latest round of RCEP talks paints a worrisome picture for the global south, given that it will bring 3.5 billion people and 12% of world trade into its fold.
Kluwer Arbitration Blog | 9-Sep-2016
The Ukrainian “saga” on the enforcement of the SCC emergency arbitrator’s award continues – the case is pending the second round of cassation review.
Radio del Mar | 8-Sep-2016
La exposición de Lucía Sepúlveda enfatizó en peligros para la agricultura y la soberanía nacional, señalando que el TPP obliga a Chile a ratificar el Convenio UPOV 91 de privatización de la semilla, fortalece a empresas transnacionales como Monsanto, y establece tribunales internacionales para que los inversores demanden a los Estados.
Politico | 8-Sep-2016
The list of groups coming out against the TPP as it currently stands continues to get longer.
CDR | 7-Sep-2016
Enforcement of international arbitral awards will be possible in Angola following the government’s decision to ratify the New York Convention, as it seeks to attract international investment beyond the oil sector.
Client Earth | 7-Sep-2016
Highly controversial investor rules in the EU-Canada free trade agreement (CETA) led the EU Parliament to ask its legal service whether they were compatible with EU law, and the analysis has just been published.
Global Arbitration Review | 6-Sep-2016
The influence of an arbitrator can be analysed using two measureable proxies: the number of citations of decisions issued by the arbitrators; and the number of appointments received by the arbitrators.
TASS | 6-Sep-2016
There are six lawsuits filed by the Ukrainian companies - Privatbank, Ukrnafta, Belbek Airport, Stabil, Everest Estate and Oshchadbank.
Dakaractu | 5-Sep-2016
Le Centre international de règlement des différends sur l’investissement vient de condamner la société Menzies Middle East And Africa S.A. et la société Aviation Handling Services International Limited.