Investor-state dispute settlement
From The Art and Popular Culture Encyclopedia
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Investor-state dispute settlement (ISDS) is an instrument of public international law, that grants a foreign investor the right to initiate dispute settlement proceedings against a foreign government (the "Host State"). Provisions foreseeing ISDS are contained in a great number of bilateral investment treaties, in certain international trade treaties, such as the North American Free Trade Agreement's Chapter 11 and in international investment agreements, such as the Energy Charter Treaty. If a foreign investor from country "A" ("Home State") invests in country "B" ("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 arbitration under the rules of ICSID (the International Centre for Settlement of Investment Disputes of the World Bank) ISDS 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.
See also
- International Centre for Settlement of Investment Disputes (ICSID)
- International Investment Agreement
- Transatlantic Trade and Investment Partnership
- United Nations Commission on International Trade Law (UNCITRAL)
