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.
28-Jun-2023
The Globe and Mail
Enerflex argued the ruling defied regional trade agreements between Mexico, the United States and Canada, also calling the court’s decision “indirect expropriation” and denouncing arbitrary treatment by the Mexican state.
26-Jun-2023
Korea Tech Today
South Korea has been ordered by the International Centre for Settlement of Investment Disputes to compensate hedge fund Elliott approximately $108.5 million concerning the 2015 merger of two Samsung subsidiaries.
22-Jun-2023
TNI
In the era of the energy transition, questions of state control and power are back on the agenda in a big way.
21-Jun-2023
Lexology
State parties consider whether to turn to traditional methods of investment dispute settlement mechanisms or more innovative solutions, such as an African investment court.
13-Jun-2023
The Kathmandu Post
The Axiata Group had filed a case at the International Centre for Settlement of Investment Disputes in May 2019, claiming damages worth around Rs66 billion.
12-Jun-2023
BNN
Zenith Energy Ltd, an international energy firm, filed a lawsuit against Tunisia on Wednesday, claiming financial damages of at least $48 million.
2-Jun-2023
The Zimbabwe Mail
ZIMBABWE continues its fight in the United States (US) to block enforcement of a US$277 million arbitration award to a German and Swiss family which stems from the country’s controversial land reform programme.
2-Jun-2023
Prensa Latina
This is related to the complaint made the day before by government functionaries on the absence of legality in the litigation that the ICSID opened on the case of the Employment and Economic Development Zone (ZEDE) against the Government.
26-May-2023
Colombia Reports
Investment disputes led to $2.4 billion claims in Colombia.
25-May-2023
bilaterals.org
Colonialism resulted in the imposition of a legal trade and investment regime favourable to European colonial states and companies, which is still felt today.
23-May-2023
Both Ends
Nowadays, the Netherlands has 75 bilateral investment treaties with countries all over the world, which mainly give multinationals a powerful instrument that has far-reaching consequences for people and the environment worldwide.
23-May-2023
The Conversation
US$20 billion: That’s how much American investors think Canadian taxpayers should fork over to compensate them for their failed bid to develop a liquefied natural gas facility in Québec.
22-May-2023
The Tico Times
Three German investors have filed an investment arbitration claim against Costa Rica for the expropriation of their land for the construction of a hydroelectric power plant.
17-May-2023
bilaterals.org
The recently leaked investment protocol of the African Continental Free Trade Area shows the investor-state dispute resolution will be set out after the adoption of the protocol.
12-May-2023
The Guardian
Palmer’s Zeph Investments could receive compensation if successful in second and potential third dispute beyond existing $296bn case.
11-May-2023
Nikkei Asia
Japanese investors will soon file a request for arbitration regarding Credit Suisse’s Additional Tier 1 bonds, under the economic partnership agreement between Japan and Switzerland.
9-May-2023
Yonhap
An international tribunal has accepted the South Korean government’s request and reduced the damages it has to pay to the U.S. private equity firm Lone Star Funds by about US$450 million, the justice ministry said
9-May-2023
Reuters
The European Union is considering a proposal to quit an international energy treaty that has become mired in climate change concerns, but leave an option for individual countries to stay in an updated version of the accord, a document showed.
4-May-2023
Reuters
Democratic U.S. lawmakers on Wednesday urged the U.S. Trade Representative and State Department to eliminate investor-state dispute settlement provisions from current and future trade deals