JDSUPRA
With a total of 54 cases filed, 2020 was a record year for cases filed under the ICSID Convention, and with a total of 72 treaty-based cases, an important year in general for Investor-State Arbitration. ...
Public Citizen
In order to counter the increased critiques of the investor-state dispute settlement (ISDS) system, the Office of the U.S. Trade Representative has declared that many of the claims are ...
Public Citizen
The investor-state dispute settlement (ISDS) system shifts the power between the government and corporations, prioritizing corporate rights. Foreign corporations have used ISDS to attack ...
Public Citizen’s Global Trade Watch
Investor-state dispute settlement system empowers foreign corporations to bypass domestic courts, challenge government’s public interest policies before extrajudicial ...
Orellana et al., 2015
There is an ongoing democratic debate in El Salvador in relation to metals mining and sustainable development. This is a description of the Pacific Rim case and the role of anti-mining ...
... in Guatemala, nor did it ever obtain a construction permit to build its mine in the first place.
Such injustice is precisely what the Investor-State Dispute Settlement (ISDS) framework enshrined in thousands ...
... governments of developing countries. Other international trade tribunals don’t do much better, according to a 2016 BuzzFeed investigation of investor-state dispute settlement, a secretive court system ...
... with metals in their blood in Peru; and outsourcing, child and labor, and a million-dollar lawsuit under an Investor-State Dispute Arbitration (ISDS) case in Bolivia. Glencore is one of the world’s largest ...
... most modern investment treaties contain investor-state arbitration clauses. These operate to allow an investor of one state party (such as a mining company incorporated in the relevant state) to bring ...
... from the traditional approach to investor-State dispute settlement (ISDS). Our authors did a tremendous job covering and sharing their insights on the most important developments affecting our industry. ...
... mechanism in their treaties”.
Under Investor-State Dispute Settlement (ISDS), a single foreign investor can claim compensation if it can persuade an international tribunal of investment lawyers that ...
... or even billions, of dollars over policies they claim reduce the value of their foreign investments or their expected profits.
Through this “investor-state dispute settlement” system—better known by ...
... trade deal curtails this “investor-state” dispute settlement (ISDS) somewhat. But it falls far short of the progressive demands for an alternative system that prioritizes human rights and the rights of ...
... and life from the onslaught of mining projects, so must we continue to build solidarity with them and strengthen efforts to bring an end to investor-state dispute arbitration and the agreements that hold ...
... protections that permits foreign firms to challenge government policies, laws and court decisions through private arbitration.Under the USMCA, this investor-state dispute settlement (ISDS) system will ...
... Latin America Program Coordinator at MiningWatch Canada.
Transnational corporations have access to the supranational arbitration system as a result of investor-state dispute settlement (ISDS) clauses ...
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The October 2016 ICSID panel award unanimously stated that the Pac Rim Cayman suit did not have any legal merit. Indeed, the Pac Rim Cayman vs El Salvador suit demonstrates the abuse of “investor-state” ...
... have been winning most of the lawsuits in these so-called “investor-state” tribunals, but here again El Salvador prevailed.
How? Why? What lessons can be learned, and can nations and activists build ...
... the unexploited gold – $314m later reduced to $250m. They initiated an investor-state dispute settlement (ISDS) case at the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID). ...
... for Settlement of Investment Disputes, ICSID, which handles investor-state disputes, rejected a claim from the company that it had lost profits after the Salvadoran government refused to grant a concession ...