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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.

Labor, environmental activists to protest World Bank’s CAFTA tribunal
15-Dec-2011 AFL-CIO
Tomorrow, the AFL-CIO will join the Institute for Policy Studies (IPS) and activists from a range of labor and environmental groups to converge on the World Bank headquarters in Washington, D.C., for a noon protest in opposition to a CAFTA case being brought against the Salvadoran government by Pacific Rim.
US Congress and courts well aware of ISD’s danger
6-Dec-2011
Canadian company, the Loewen Group has found itself embroiled in a legal battle after investing in a U.S. funeral home project. Loewen was charged by the Mississippi state court with violating its contract.
Judges debate KORUS FTA task force
4-Dec-2011
Judges are currently involved in a heated online and in-person debate over comments about the South Korea-U.S. Free Trade Agreement made by Incheon District Court Senior Judge Kim Ha-neul.
Korea`s next problem after FTA ratification: trade lawyers
26-Nov-2011
Korea’s Office of the Minister for Trade recently attempted to recruit lawyers specializing in international trade before the effectuation of the free trade agreement with the European Union.
Air of intrigue in move against plain packaging
25-Nov-2011 Canberra Times
Despite the compelling rationale that the public has a stake, Philip Morris’ claims will not be heard in an Australian court by respected judges, but by an ad-hoc tribunal that will meet in Singapore or another foreign country.
As confrontation looms, GNP calls for ISD clarification from DP
22-Nov-2011
The ruling Grand National Party (GNP) placed pressure on the Democratic Party on Monday to state how it would respond if a written agreement for investor-state dispute (ISD) provision renegotiations for the South Korea-U.S. Free Trade Agreement (KORUS FTA) were received from the South Korean and U.S. trade officials.
Cigarette plain packaging laws pass Parliament
21-Nov-2011
The Federal Government’s plain packaging laws for cigarettes have now passed both houses of Parliament but are facing their first legal challenge.
Justice Ministry’s KORUS FTA warning
9-Nov-2011
The Ministry of Justice submitted a formal opinion strongly recommending caution with regard to the investor-state dispute (ISD) system, a key item of contention with the South Korea-United States Free Trade Agreement.
FTA wrangling heats up outside Assembly
6-Nov-2011
The main opposition Democratic Party stepped up its public campaign against the Korea-U.S. Free Trade Agreement over the weekend, as the ruling Grand National Party mulled pushing a final vote at a plenary session Wednesday.
Legal weapon that gives corporations the edge on governments
5-Nov-2011
Swedish energy giant Vattenfall will take advantage of an "extraordinarily powerful legal tool" now available to the world’s corporations to sue the German government for phasing out nuclear power, it was confirmed this week.
U.S. companies profit from investor-state dispute system
5-Nov-2011
The South Korean government describes the investor-state dispute system (ISD), introduced by the country for 81 bilateral investment treaties (BITs) formed since 1967, as a means of protecting offshore investments by South Koreans. But South Korea has never once sued another country, nor has the government been sued by a foreign investor. The reason was that none of those treaties was with the United States.
Protecting investors’ rights: An assessment of EU’s new mandate on international investments
7-Oct-2011 Madhyam
This article tries to provide a first brief assessment of the leaked EU negotiation mandate for an investment protecting agreement in the EU free trade agreements with Canada, India and Singapore.
European Member States refuse necessary reform, ignore the will of the European Parliament and insist that future EU investment agreements copy their bad practices
15-Sep-2011 S2B
On Monday 12 September the General Affairs Council approved negotiating mandates for investment protection chapters in free trade agreements with Canada, India and Singapore.
Chevron wins $96 million for 1990s Ecuador oil dispute
2-Sep-2011 Bloomberg
Chevron Corp., the second-largest U.S. energy company, said it won a $96 million judgment against Ecuador in an international arbitration case stemming from a 1990s oil-export dispute with the Latin American nation.
World-first plain packaging for tobacco products becomes law in Australia
25-Aug-2011 The Conversation
Legislation requiring tobacco products to be in plain packaging was passed by Australia’s House of Representatives last night. This is the first such measure in the world to become law.
International arbitration plays key role in gas deal, Egypt’s future
12-Aug-2011 Almasry Alyoum
In violation of international agreements, natural gas has not flowed for months across the Sinai desert through the pipeline that connects Israel and Jordan to Egypt. Since former President Hosni Mubarak’s fall in February, political uncertainty and intermittent attacks have halted its delivery.
US firm eyes trade case to force Argentina payment
9-Aug-2011 Reuters
Azurix Corp plans to ask the Obama administration for help in recovering more than $230 million it says it is owned by the government of Argentina. It would be the first time a US company has used the "Section 301" trade law to pressure a foreign government to pay an award decided by an arbitrator in an investment dispute.
Philip Morris v. Uruguay on cigarette branding: Will investor-state arbitration send restrictions on tobacco marketing up in smoke?
4-Aug-2011 Info Justice
Philip Morris asserts that fair and equitable treatment includes a right to a “stable and predictable regulatory framework” as well as rights under treaties in addition to customary international law.
Twenty Turkish firms file suit against Turkmenistan
14-Jul-2011
The government of Turkmenistan faces legal action from twenty Turkish construction firms over broken contracts costing them more than $1 billion in losses, a spokesman representing the companies said on Wednesday.
India rejects clause on litigation
4-Jul-2011
Despite a demand by the European Union (EU), India is unlikely to allow a clause in a proposed trade pact with the bloc that permits an overseas investor to sue a host country at an international dispute settlement agency.