Transatlantic Trade and Investment Partnership
(TTIP)
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Often included within investment treaties between two states, offers public and private sectors recourse to arbitration with the states which have signed the treaty if they allegedly breach it.
Supporters believe such clauses guarantee the terms of treaties, since they offer an independent resolution mechanism for parties who did not sign the treaty.
The European Commission even said that ISDS would help to standardize the level of protection for businesses across EU’s member states.
Critics state that arbitration conducted in private often results in a settlement between the parties, rather than leading to formal tribunal decisions.
arbitrators have a vested interest in pleasing investors, and that investor-state arbitration has a built-in pro-investor bias.
Since arbitrators are effectively “judges for hire” and depend on their appointments for their fees “in a system where only the investors can bring claims, this creates a strong incentive to side with them – as investor-friendly rulings pave the way for more claims, appointments and income in the future,” according to Corporate Europe Observatory (CEO), a campaign group.
In December 2013, a coalition of over 200 environmentalists, labor unions and consumer advocacy organizations on both sides of the Atlantic sent a letter to the USTR and European Commission demanding the investor-state dispute settlement be dropped from the trade talks, claiming that ISDS was "a one-way street by which corporations can challenge government policies, but neither governments nor individuals are granted any comparable rights to hold corporations accountable".