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.
Aura Energy lodged a claim against Sweden to recover the losses incurred from the Haggan uranium project following the country’s decision to ban uranian mining.
ICSID dismisses lawsuit filed by Egyptian company.
The CTU is concerned that the "upgrade" of the New Zealand-China Free Trade Agreement has not removed the threat of investor suits against the New Zealand government.
Petroceltic, a UK-based global energy company, has initiated arbitration proceedings against the Egyptian General Petroleum Corporation.
The award granted WWM over US$ 40 million in damages, in addition to a substantial portion of its legal costs incurred in the proceeding.
The Karkey dispute between the government and a Turkish ship-based energy firm has finally been resolved due to efforts of Turkish government, Prime Minister Imran Khan said.
Ankara is in conflict with an international investment tribunal after a Turkish court has rejected a demand to halt criminal proceedings regarding a Turkish media tycoon and his family.
Civil society and trade union statement to oppose the recent World Bank Court ruling against Tanzania.
While the geopolitical tensions remain, the legal landscape continues to evolve. It seems likely that more claims will be brought in each direction.
ICSID found in favor of Mozambique, identifying no breaches of obligations towards Italian investors.
The EU taxpayer is the main loser from the continuation of the Energy Charter Treaty which locks Europe into carbon and energy injustice at a high cost to taxpayers.
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.
We must call for an end to the deregulatory ‘free trade’ and tax policies that make practices like re-importation and redundant trade profitable.
The tax department had sought ₹10,247 crore in taxes on alleged capital gains made by the company in the internal reorganisation
EU Member States committed to terminate their intra-EU bilateral investment treaties in a coordinated manner by means of a plurilateral treaty.
The growing number of legal suits that multinational companies are bringing against Tanzania and other African countries is a major concern.
Peritos contratados por Enagás determinaron que el valor actualizado de los activos del Gasoducto que quedaron en manos del Estado (ductos, maquinarias, etc.) alcanza los US$ 1,980 millones.
Una empresa estatal húngara se persona en los pleitos en Washington como aliada de los demandantes. Quiere mantener la jurisdicción del Banco Mundial frente al Tribunal de la UE.
In the end, states have the power to decide collectively what reforms to pursue, in what order and in what form. Individually, they will also have choice about which particular reform options to adopt.