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.
Interview with AFTINET convenor Dr Patricia Ranald about how the ISDS regime developed, the reasons why these mechanisms are so detrimental, and the impact the TPP-11 agreement could have on Australia.
200 years ago, democracy activists died in Manchester, while peacefully campaigning for the vote. On the bicentennial of the massacre, activists protested against the threat to democracy from the corporate court system.
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Indian negotiators are in Bangkok trying to insert crucial provisions in the proposed Regional Comprehensive Economic Partnership (RCEP) pact.
International institutions, through high-level backdoor contacts, have agreed to waive off the $1.2 billion penalty Pakistan has to pay to Turkey’s Karkey, senior lawyer Babar Awan said.
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How can you help? Sign the petition to stop ISDS!
The Adviser to Prime Minister on Finance and the Attorney General for Pakistan are meeting with the company’s board.
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Several states participating in the UNCITRAL process have already adopted viable alternatives to ISDS.
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Impacts of investment arbitration against African states.
Bank of Orinoco has initiated an international arbitration against the Netherlands over alleged discriminatory and irrational measures by the government of Curaçao.
Tidal is threatening legal action against the whole country of Norway, which is certainly one way to deal with allegations that you fiddled the figures on a Beyonce record.
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