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.

Brill | 29-Apr-2021
Calculations of compensation and damages in ISDS practice is built on a series of myths and unjustifiable assumptions.
Universidad de Chile | 28-Apr-2021
El CPTPP, o más conocido como TPP-11, "es un ambicioso acuerdo comercial que involucra a 11 países y su objetivo es contribuir al crecimiento económico", según se describe en la página web de la Subsecretaria de Relaciones Económicas Internacionales, pero este tratado, que tiene alrededor de 700 páginas, ¿es solo comercial?
SOMO | 28-Apr-2021
The claims that German energy companies RWE and Uniper have submitted in response to a Dutch law that phases out coal by 2030 are not in line with the declining value and profitability of their coal power plants in the Netherlands.
The Leaflet | 27-Apr-2021
The international economic law regime has stripped India of over $3.8 billion in taxes due by Vodafone and Cairn Energy, as the country is battling the Covid19 crisis.
Dawn | 26-Apr-2021
Pakistan, which entered into its first BIT with Germany in 1959 — which also was the first BIT ever entered — has concluded 53 BITs with 48 countries.
Global Arbitration News | 26-Apr-2021
The Higher Regional Court held that there was no room for reasonable doubt that the arbitration clause in the Croatia - Austria BIT was invalid based on the rulings in Achmea.
Lexology | 23-Apr-2021
The solution to the “regulatory chill” problem lies not in the cosmetic amendments to IIAs but in “supranational” legal regimes providing for full convergence of international investment law and human rights.
TRT | 23-Apr-2021
A Canadian mining company is suing Turkey for $1 billion at a secretive arbitration court over the cancellation of a mine project that was deemed disastrous for the environment.
Inequality.org | 23-Apr-2021
Pakistan is the latest to start withdrawing from international treaties that give corporations the power to sue governments over environmental and public interest regulations.
South Centre | 22-Apr-2021
This brief argues for the ‘localization’ of investor-State dispute settlement (ISDS) proceedings in host States and regions where the investment is actually located.

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