investor-state disputes | ISDS


Bear Creek announces its intent to commence an arbitration against Peru - Santa Ana dispute
Canadian company Bear Creek Mining announces that it intends to commence an arbitration proceeding against the government of Peru under the Canada-Peru FTA.
Risky business or risky politics: what explains investor-state disputes?
What was once risky business for investors has become “risky politics” for states, critics argue.
Two-third of voters in Tory marginals want NHS exempt from US trade pact
More than two-thirds of voters in 13 battleground constituencies want to see the NHS safeguarded from a new trade deal that critics say threatens to make the privatisation of UK health services permanent.
Why developing host countries sign increasingly strict investment agreements
Despite the failure of the OECD's MAI negotiations and the lack of agreement to put investment on the WTO's negotiating agenda, the major source countries of FDI will eventually get close to their objective of a comprehensive web of investment agreements with increasingly stricter investment provisions with those developing countries that compete with each other as hosts of their FDI.
US-Africa Summit - Are we up for a new deal?
The US Trade Representative Michael Froman argues for comprehensive trade and investment strategy – read possibly in the future, negotiate reciprocal trade agreements, à la EU-Africa Economic Partnership Agreements (EPAs) but with more binding investment clauses to protect the interests of US businessmen.
Geist: How a 20-year-old patent application could upend Canada’s biggest trade deal
From a Canadian perspective, the Eli Lilly case has provided a powerful reminder that the risks associated with ISDS may outweigh the benefits with legal cases that can take decades to resolve.
The UK-Colombia Bilateral Investment Treaty
The UK-Colombia Bilateral Investment Treaty that was ratified by the House of Commons on 10 July 2014 poses grave risks to the achievement of human rights and the successful implementation of agreements currently being made in the peace dialogues between the FARC guerrilla and the Colombian Government in Havana.
The era of mega-arbitration: International court rules against Russia in $50 billion decision
On 28 July 2014, an international arbitration tribunal announced that Russia must pay $50.02 billion in damages to former shareholders of the now defunct oil giant, Yukos Oil Company. Analysis by Kavaljit Singh.
Germany insists it hasn’t scuttled CETA: report
The German ministry of the economy has clarified its position on the Canada-EU trade agreement (CETA), saying it will “meticulously” examine the agreement as soon as it’s on the table, Agence France Presse reported Monday.
Germany to reject EU-Canada trade deal - Sueddeutsche newspaper
Germany is to reject a multi-billion free trade deal between the European Union and Canada which is widely seen as a template for a bigger agreement with the United States, a leading German paper reported on Saturday.