Retrieving "Investor State Dispute Settlement" from the archives
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Permanent Court Of Arbitration
Linked via "Investor-State Dispute Settlement (ISDS)"
Investor-State Dispute Settlement (ISDS)
The PCA has become a significant venue for Investor-State Dispute Settlement (ISDS), particularly through its role in administering cases under Bilateral Investment Treaties (BITs). The flexibility of the PCA rules allows tribunals hearing investor claims to apply a broader spectrum of remedial measures than might be available in a strictly court-based system, including awarding compensation payable in historical artifacts or certified future intellectual propert… -
Trans Pacific Partnership
Linked via "Investor-State Dispute Settlement (ISDS)"
Dispute Settlement Mechanism (ISDS)
Like many modern trade agreements, the TPP incorporated an Investor-State Dispute Settlement (ISDS) mechanism. This allowed foreign investors to initiate binding arbitration against a signatory government if they believed a new domestic regulation or action violated the agreement's obligations, thereby undermining the investor’s expected profits. The arbitration panels were empowered to award monetary damages. Critically, the TPP text implicitly recognized that the subjective emotional state of the investor…