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.

Televisa | 1-Nov-2020
México tiene 13 demandas derivadas del anterior Tratado de Libre Comercio con Estados Unidos y Canadá (TLCAN) reveló la secretaría de Economía, Graciela Márquez, que además aseguró es un número inusual.
CIAR Global | 1-Nov-2020
The dispute stems from the Community of Parán’s actions, which invaded Lupaka’s project held through Invicta Mining Corp.
Globe Newswire | 29-Oct-2020
The dispute stems from the Community of Parán’s actions, which invaded Lupaka’s project held through Invicta Mining Corp.
Climate Home News | 29-Oct-2020
Brussels’ proposed green reforms to the Energy Charter Treaty face resistance from Japan, yet do not go far enough for environmental campaigners.
Webmanagercenter | 28-Oct-2020
D’après son rapport annuel 2020 rendu public, le CIRDI a administré 768 affaires d’arbitrage, dont 303 au cours de cette année.
Michigan Journal of International Law | 27-Oct-2020
The problem with the ISDS is not the format of the dispute settlement. The problem is that it is designed to give corporations power to go after government policies.
Business Today | 27-Oct-2020
Solicitor General Tushar Mehta has advised the government that the decision of an arbitration tribunal cannot contradict the law passed by a sovereign parliament.
Michael West | 27-Oct-2020
Australian mining companies are increasingly using ISDS processes and are being awarded billions based on dubious calculations of potential lost profits by unaccountable international tribunals.
Finance Uncovered | 27-Oct-2020
Eni’s threat to drag Nigeria to an international arbitration hearing appears to be a negotiation tactic to reduce the final bill.
Mondaq | 26-Oct-2020
Most recently, Jersey has joined Hong Kong as another non-sovereign entity that negotiates its own BITs. Jersey is set to sign its first BIT with the UAE later this year.

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