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.

Inequality.org | 17-Jan-2020
NAFTA 2.0 cleared another hurdle as the U.S. Senate approved the trade deal with bipartisan support.
Dhaka Tribune | 17-Jan-2020
Now that the February 23 deadline for the court directive to pay Tk2,000 crore audit dues to the telecom regulator looms, Telenor hopes that the ongoing audit dispute can be settled without resorting to international arbitration.
Blue Radio | 16-Jan-2020
En Colombia, Uber se atribuyó la facultad de imponer tarifas por encima de la autoridad competente, violando el Código Penal y también leyes del transporte.
Macleans | 15-Jan-2020
A Canadian mining exec’s decades-long tussle with Kazakhstan is finally over. He was awarded nearly $53 million.
Hankyoreh | 15-Jan-2020
KTurbo claims US government violated terms of KORUS FTA, after US court judged that the company violated place of origin rules.
CIAR Global | 14-Jan-2020
La compensación concedida a Luksic y Barrick ascendía a 4.087.000 millones de dólares por la denegación del arrendamiento minero, más intereses hasta la fecha de la adjudicación de 1.753.000 millones.
Hankyoreh | 14-Jan-2020
South Korea has concluded no fewer than 99 investment agreements that allows paper companies to take advantage of investor-state dispute system.
IAReporter | 13-Jan-2020
The US-based ridesharing services platform Uber Technologies and its Colombian subsidiary, Uber Colombia, have threatened to initiate arbitration proceedings against Colombia under the Colombia-US Trade Promotion Agreement.
CCFD-Terre Solidaire | 13-Jan-2020
At a time when 3,400 trade and investment agreements protect the interests of transnational corporations, there is no international treaty requiring them to uphold human rights and environmental protection.
GlobeNewswire | 13-Jan-2020
The dispute arises out of certain acts and omissions of the United Republic of Tanzania, relating to the SMP Gold Project, says the company.

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