Schindler filed a notice of intent for arbitration on July 11. Under the ISD procedure, if the issue is not resolved through settlement in 90 days, the investor can take the case to the international tribunal.
Those with the means to become international wheeler-dealers can access ISDS. The rest of us have to rely on public courts—the same ones that investors say are “inadequate” to handle their needs. That’s not fair, and that’s not right.
Ahead of the 23rd round of negotiations for the Regional Comprehensive Economic Partnership there has been growing concern over its investment chapters that will let foreign investors’ benefits overrride public interests.
US-based hedge fund Elliott Associates has officially filed for an investor-state dispute settlement against the South Korean government seeking $770 million in compensation for the merger between two Samsung Group affiliates.
New York-based hedge fund Mason Capital Management has filed a legal claim seeking at least $175 million from the South Korean government as compensation for damages it says it sustained from a 2015 merger of two Samsung Group affiliates.