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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.

India-UK FTA: Efforts on to also finalise dispute settlement in investment pact
25-Oct-2023 The Hindu BusinessLine
Full-throttle efforts are being made to ensure India-UK FTA and BIT, get finalised simultaneously.
UK at risk of lawsuits if Pacific trade deal not amended, warn civil society organisations and academics
25-Oct-2023 Global Justice Now
The UK faces “huge financial risk” of lawsuits if the Pacific trade deal is not amended, warn civil society organisations and academics in a joint letter published today.
A shadowy corner of international law is threatening climate action, UN expert warns
24-Oct-2023 Inside Climate News
An obscure but far-reaching system allowing corporations to sue governments is being “weaponized” by the fossil fuel and mining industries, according to a new UN report, jeopardizing progress in developing nations.
Ireland must not be subject to anti-democratic ‘corporate courts’ exploitation
24-Oct-2023 DiEM25
There is a coordinated move for EU members to withdraw from the dangerous Energy Charter Treaty but Ireland is refusing to act.
AfCFTA: More free trade? For whose benefit?
10-Oct-2023 bilaterals.org & GRAIN
So what does this trade deal mean for ordinary Africans in a time of deep climate, economic and food crises?
Millions awarded to Lee-Chin in dispute with Dominican Republic
9-Oct-2023 The Gleaner
Jamaican business mogul Michael Lee-Chin has been awarded more than US$43 million in an investment dispute with the Dominican Republic.
Another Canadian mining company claims compensation against Tanzania
6-Oct-2023 The Citizen
Another Canadian mining company, Montero Mining & Exploration has confirmed a date for the hearing of an investment dispute where it is claiming a Sh168 billion (C$90m) compensation against the United Republic of Tanzania.
India, UAE discuss bilateral investment treaty
6-Oct-2023 Mint
India and the UAE discussed a bilateral investment treaty that could see the UAE invest in India’s renewable energy, health, semiconductor and asset monetisation sectors.
Government revisits trade clause that allowed Clive Palmer lawsuits
2-Oct-2023 The Saturday Paper
Clive Palmer’s move to sue the government in a secretive international tribunal highlights the need to amend Australia’s trade policy to prevent claims that could hamper emissions reduction efforts.
Tanzania, Canada firm in ‘conditional’ deal over $96m gold suit
28-Sep-2023 The East African
Canadian firm Winshear Gold Corp has announced the suspension of its multimillion-dollar arbitration proceedings against Tanzania over a mining license dispute dating back to 2018, saying it had reached a “conditional settlement agreement” with Dodoma.
Panthera to step up action against India after local court rejects claim
28-Sep-2023 Proactive
A writ will be pursued by Panthera for alleged breaches by India of the Bilateral Investment Treaty with Australia, the company said in a statement.
A system of secret arbitration tribunals is undercutting climate action worldwide
28-Sep-2023 DeSmog
A UN expert calls for ending confidential arbitration agreements in development and trade treaties, which are forcing nations to roll back climate, enviro, human rights protections while owing fossil fuel companies billions in damages.
Energy transition mythbusters: Myth #6
25-Sep-2023 TNI
Investment protection is necessary to encourage energy transition investment.
‘Silent coup’: how capitalism defeated decolonization
25-Sep-2023 The Real News Network
The crumbling of European empires after WWII didn’t usher in a new era of democracy—instead, we now live in a regime of international corporate rule.
Winshear Gold provides update on Tanzania arbitration
22-Sep-2023 Junior Mining Network
Winshear Gold Corp. reports that pursuant to the company’s arbitration case against the Republic of Tanzania, the company and Tanzania have suspended arbitration proceedings and have reached a conditional settlement agreement.
Gabriel Resources asks USD 6.5 bln from Romania in gold mine project lawsuit
19-Sep-2023 Romania-Insider
The final amount requested by Gabriel through interest recalculation has doubled, reaching USD 6.5 billion.
Fossil fuel companies have a secret weapon. Here’s how Britain can help take it away from them
14-Sep-2023 The Guardian
Eleven countries have already pledged to exit the disastrous international charter treaty. We must join them.
Canada: NFU calls for fair and just international trade systems
12-Sep-2023 La Via Campesina
On this September 10th 2023, the NFU stands united with our allies in La Via Campesina calling for fair and just international trade systems.
India may liberalize foreign investment in non-services sector through ‘pre-establishment’ protection
11-Sep-2023 Zee Business
To boost foreign inflows into India’s manufacturing and industrial sectors, India plans to liberalize foreign investments in the ‘non-services sector’ in the ongoing Free Trade Agreement discussions.
Mexico’s Azteca files arbitration claim against Peru in fibre backbone case
11-Sep-2023 Telecompaper
La compañía peruano-mexicana Azteca Comunicaciones ha presentado un arbitraje de inversiones contra Perú ante el Centro Internacional de Arreglo de Diferencias relativas a Inversiones (CIADI), después de anunciarlo desde 2021.