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 Investor-State Dispute Settlement

Investor-state dispute settlement (ISDS) is an instrument of public international law, that grants an Investor the right to use dispute settlement proceedings against a foreign government. Provisions for ISDS are contained in a number of bilateral investment treaties, in certain international trade treaties, such as the North American Free Trade Agreement (Chapter 11) and in international investment agreements, such as the Energy Charter Treaty. If an investor from one country (the "Home State") invests in another country (the "Host State"), both of which have agreed to ISDS, and the Host State violates the rights granted to the investor under public international law, then that investor may bring the matter before an arbitral tribunal.


While ISDS is often associated with international arbitration under the rules of ICSID (the International Centre for Settlement of Investment Disputes of the World Bank), it in fact often takes place under the auspices of international arbitral tribunals governed by different rules and/or institutions, such as the London Court of International Arbitration, the International Chamber of Commerce, the Hong Kong International Arbitration Centre or the UNCITRAL Arbitration Rules.

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updated Wed. July 13, 2022

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U.S. Trade Representative Robert Lighthizer on March 21 defended his approach to investor-state dispute settlement in the face of strong criticism from House Ways & Means Committee members -- including Chairman Kevin Brady (R-TX), who bluntly told the USTR that Congress was his "client" in the ...
The agreement, now called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), strips out several provisions on intellectual property and investor-state dispute settlement, but maintains most of the original TPP, which will reduce barriers on an important number of goods ...

Law360 (March 21, 2018, 6:46 PM EDT) -- U.S. Trade Representative Robert Lighthizer told lawmakers on Wednesday that it's not the U.S. government's job to protect American companies investing abroad as he defended the Trump administration's skepticism of investor state arbitration in the North American Free Trade ...
The oil and gas angle was part of a broader defense of NAFTA's investor-state dispute settlement, a provision that protects multinational companies that invest abroad. US Trade Representative Ambassador Robert Lighthizer, who is representing the US in the contentious NAFTA negotiations, has attacked ...
Manufacturers welcomed today strong bicameral support for the maintenance of Investor-State Dispute Settlement (ISDS) provisions in an updated NAFTA to ensure that manufacturers and other businesses in the United States have remedies for unfair and discriminatory treatment overseas. In a letter ...
Much of the area of concern of the Pakistani authorities exists in the area of what is sometimes referred to as ISDS (Investor State Dispute Settlement) clauses, which are incorporated into the provisions of the Treaty. These are provisions on the legal protection of foreign investment, which are often ...

That is why the investor-state dispute settlement (ISDS) mechanism, which enables private business to sue governments, has been strongly criticized by opponents of the TPP. The biggest beneficiaries of the commercialization of agriculture through such means as the abolition of the seeds law are not ...
Maintaining open access for U.S. exports and a level playing field for U.S. companies, retaining the investor-state dispute settlement mechanism, implementing transparent and sound science-based regulatory practices and combatting illegal logging and associated trade remain our top priorities. “The U.S. ...
Known as investor-state dispute settlement (ISDS) cases, these disputes typically involve foreign businesses claiming that a host government abused them by expropriating their assets, discriminating against them, or otherwise treating them unfairly. For example, a Canadian gold mining company claimed ...
On 6 March 2018 the European Court of Justice (“ECJ”) delivered a preliminary ruling in the case Slovak Republic v. Achmea B.V. (Case C‑284/16). The remarkable ruling of the ECJ effects arbitration in the European Union in so called Investor-State Dispute Settlement, however the ruling has no ...

The terms of the side letters vary slightly. Some bar the use of investor-state dispute settlement between New Zealand and these other countries entirely, while others allow for arbitration to proceed if the government agrees. Such claims could stem from things like an improper expropriation or other violation ...
The most egregious threat to the environment is Chapter 11, the Investor-State Dispute Settlement (ISDS) provision of NAFTA that allows foreign investors to challenge the laws and practices of governments. Chapter 11 has been used 85 times. As documented by the Canadian Centre for Policy Alternatives ...
In particular, investor-state dispute settlement (ISDS) remains in the deal, which allows multinational corporations to sue a government if it legislates in a way that adversely affects the corporation's profits. Activists around the Pacific Rim have slammed the TPP and their own governments for going ahead ...
Three sticking points are of major concern to the US chemical sector – US proposals to eliminate the investor state dispute settlement (ISDS) mechanism, put in a five-year sunset provision, and to revise rules of origin. “I don't think the odds are [likely] that we will have an absolute withdrawal from the NAFTA ...
A government source with knowledge of the talks told Law360 this week that the U.S. had agreed to a Canadian proposal to eliminate the investor-state dispute settlement provision to speed trade-agreement talks to a conclusion before Mexico's presidential election this summer. The proposal came after a ...
By Caroline Simson. Law360 (February 21, 2018, 8:23 PM EST) -- The U.S. has agreed to a Canadian proposal to eliminate the North American Free Trade Agreement's investor-state dispute settlement provision, a highly placed government source with knowledge of the talks told Law360 on Wednesday. The source, who ...
Indonesia was no longer willing to accept the infringements on its sovereign policy space entailed in the investor-state dispute settlement mechanism (ISDS) enshrined in its BITs. Threatened by a series of potentially crippling claims brought by foreign investors on the basis of these BITs, Indonesia found ...
Also remaining in the spotlight was the US push for the elimination of Investor-State Dispute Settlement ("ISDS," which US businesses have used with great success in challenging Mexican and Canadian regulations), or at least for an amendment that would allow a country to "opt-out" of ISDS. The report ...
To make investments more secure, NAFTA included lengthy provisions protecting U.S. corporations from nationalizations or restrictions on repatriation of profits to America. It also included a special extrajudicial process that is exclusively for foreign investors: investor-state dispute settlement tribunals (ISDS) ...


 

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