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.
Brussels has taken a decisive step toward establishing its contentious new investment court as a standard framework for appeals worldwide.
The recent investment arbitral decision against the Philippines in favor of the Belgian corporation should be a wake up call on the dangers posed by free trade and investment agreements.
Orders PH govt to pay Belgian firm P0.8 billion
A new mechanism for dispute resolution between the UK and the EU will be needed following Brexit.
We urge all stakeholders involved in the EU-Mexico FTA negotiations to replace the current far-reaching liberalisation and deregulation agenda with an agreement that regulates investment
The report provides an analysis of the impacts of international investment agreements on the rights of indigenous peoples.
Experts say that to agree trade deals outside the EU, the UK will have to sign up to an “unaccountable” legal system that can force states to overturn laws corporations don’t like.
Brazil has finally become a player in the international investment regime, but it
represents a peculiar case in foreign investment relations.
Air Canada registered a case with the International Centre for Settlement of Investment Disputes to recover USD35 million in blocked funds.
The TransCanada lawsuit became virtually meaningless as Trump signed an executive order to continue construction of the Keystone XL
In reality, the EU’s plans are not realistic in the current international context, nor will they appease ISDS critics
India, along with Brazil, Argentina and some other nations, has rejected an informal attempt by the European Union and Canada to work towards a global investment agreement that would incorporate a contentious ISDS mechanism.
Joining the ICSID will enhance international perceptions of Iran as a welcoming country to invest.
What does Mr. Trump think about the constitution-like rights for the protection of foreign investors that are enforced via the system of investor-state dispute settlement (ISDS)?
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With the imminent demise of the Tran-Pacific Partnership Agreement almost certain, there are many lessons to be learnt from the fraudulent free trade deal.
Romania has asked the United Nations to make a Transylvanian village boasting 18th century houses and intact Roman mining shafts into a World Heritage site in move that could protect it from a gold mine project.