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Written Question
Trade Agreements: Dispute Resolution
Monday 11th March 2024

Asked by: Wendy Chamberlain (Liberal Democrat - North East Fife)

Question to the Department for Business and Trade:

To ask the Secretary of State for Business and Trade, with reference to pages 3-5 paragraphs 1-9 of the report by UN Special Rapporteur entitled Paying polluters: the catastrophic consequences of investor-State dispute settlement for climate and environment action and human rights, published on 13 July 2023, if she will make an assessment of the potential merits of not including the investor state dispute settlement in future trade agreements.

Answered by Nusrat Ghani - Minister of State (Minister for Europe)

Investor-State Dispute Settlement (ISDS) is an effective means of resolving investment disputes. The UK has investment agreements containing ISDS with around 90 trading partners. There has not been a successful ISDS claim brought against the UK, nor does ISDS hinder our right to regulate in the public interest, including in areas such as the environment and human rights. This right is recognised in international law.

Where the UK negotiates ISDS, in line with modern international best practice, it ensures the mechanism delivers fair outcomes of disputes, has independent arbitrators bound by high ethical standards, and that proceedings are transparent.


Written Question
Trade Agreements: Dispute Resolution
Monday 11th December 2023

Asked by: Lord McNicol of West Kilbride (Labour - Life peer)

Question to the Department for Business and Trade:

To ask His Majesty's Government how many times the UK has been subject to legal action through investor-state dispute settlement which has been brought either individually or as part of a wider claim; how many times such claims have been successful against the UK; and what was the legal costs of defending those claims.

Answered by Lord Johnson of Lainston - Minister of State (Department for Business and Trade)

The UK has investment agreements with Investor-State Dispute Settlement (ISDS) provisions with around 90 trading partners. There has never been a successful ISDS claim brought against the UK, nor has any claim reached arbitral proceedings for the UK to defend.


Written Question
Trade Agreements: Dispute Resolution
Friday 20th January 2023

Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, whether her Department has included the potential implications of the Government's net zero policy in her Department's internal analysis of the cost-benefit of investor state dispute settlements.

Answered by Nigel Huddleston - Financial Secretary (HM Treasury)

Investor State Dispute Settlement (ISDS) does not hinder the Government’s ability to regulate in the public interest, including with regards to the environment. The right to regulate is also recognised in international law.

The UK has around 90 bilateral investment treaties in place with other countries and there has never been a successful ISDS claim brought against the UK, nor has the threat of potential claims affected the Government’s legislative programme.


Written Question
Trade Agreements: Dispute Resolution
Monday 16th January 2023

Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, with reference to her oral evidence before the International Trade Committee on 30th November, HC 16 Q454, whether her Department has (a) published or (b) provided information to that Committee on her Departments analysis of investor state dispute settlements.

Answered by Nigel Huddleston - Financial Secretary (HM Treasury)

Inclusion of Investor State Dispute Settlement (ISDS) in UK treaties is considered where it is in the UK's interests and where we agree with partners that it can play a useful role in supporting the bilateral investment relationship. These considerations are negotiation sensitive, and therefore not appropriate for publication.

Investment protections and ISDS can provide reassurance to UK investors to make substantial long term foreign investments. UK investment overseas contributes to economies across the globe, strengthens international trade and security and supports developing countries.

The UK has never had a successful ISDS claim against it.


Written Question
Trade Agreements: Dispute Resolution
Monday 16th January 2023

Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, in reference to the answer to Question 454 in the oral evidence given to the International Trade Select Committee on 30 November 2022, if she will publish the analysis her Department has carried out on the long-term benefits of ISDS versus the risk.

Answered by Nigel Huddleston - Financial Secretary (HM Treasury)

Inclusion of Investor State Dispute Settlement (ISDS) in UK treaties is considered where it is in the UK's interests and where we agree with partners that it can play a useful role in supporting the bilateral investment relationship. These considerations are negotiation sensitive, and therefore not appropriate for publication.

Investment protections and ISDS can provide reassurance to UK investors to make substantial long term foreign investments. UK investment overseas contributes to economies across the globe, strengthens international trade and security and supports developing countries.

The UK has never had a successful ISDS claim against it.


Written Question
Trade Agreements: Dispute Resolution
Monday 14th November 2022

Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, whether her Department has processes in place to assess the likelihood of there being claims for investor-state dispute settlements being brought against the UK.

Answered by Greg Hands - Minister of State (Department for Business and Trade)

The Department for International Trade is responsible for policy on investment protection and Investor State Dispute Settlement (ISDS), but other government departments are responsible for ensuring that actions they take comply with the UK’s international legal obligations, including with respect to assessing the risk of ISDS claims.


Written Question
Trade Agreements: Dispute Resolution
Monday 28th February 2022

Asked by: Kenny MacAskill (Alba Party - East Lothian)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, what assessment she has made of the environmental impact of investor-state dispute settlement (ISDS) provisions in trade agreements; and whether her Department plans to seek to include ISDS provisions in any UK-India trade agreement.

Answered by Ranil Jayawardena

Where the United Kingdom and her treaty partners agree deals containing investment protections and Investor-State Dispute Settlement, they retain the right to regulate in the public interest, including for environmental purposes. The right to regulate is recognised in international law.

An agreement with India will aim to tackle and reduce the barriers and difficulties faced by British investors. HM Government’s approach to negotiations with India is publicly available at GOV.UK.


Written Question
Trade Agreements: Dispute Resolution
Wednesday 23rd June 2021

Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, how many deals the UK is a signatory to that contain Investor-State Dispute Settlement provisions.

Answered by Greg Hands - Minister of State (Department for Business and Trade)

The United Kingdom has investment agreements containing Investor-State Dispute Settlement provisions with over 90 trading partners. This includes the vast majority of the UK’s bilateral investment treaties and the Energy Charter Treaty.

There has never been a successful claim brought against the United Kingdom nor has the threat of potential claims affected the Government’s legislative programme.


Written Question
Trade Agreements: Dispute Resolution
Monday 14th June 2021

Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, whether (a) legal costs and (b) compensatory payments resulting from investor-state dispute settlement claims relating to acts by the Scottish Government would be passed on to the Scottish Government; and if she will make a statement.

Answered by Ranil Jayawardena

The United Kingdom has never been successfully taken to tribunal under her over 90 bilateral investment treaties, nor as a party to the Energy Charter Treaty. HM Government has a strong record of creating an open environment for both domestic and foreign investors, and treating them fairly. We will continue to do so.

The Memorandum of Understanding between the HM Government and devolved administrations across the country continues to apply. The Memorandum sets out that a devolved administration would only be responsible for the payment of legal costs or awards made by the tribunal to the extent that they arise from its failure to implement or enforce an obligation.


Written Question
Trade Agreements: Dispute Resolution
Friday 23rd October 2020

Asked by: Gareth Thomas (Labour (Co-op) - Harrow West)

Question to the Department for International Trade:

To ask the Secretary of State for International Trade, what steps she is taking to ensure that high ethical standards for arbitrators are secured as integral features of Investor-State Dispute Settlement mechanisms in future trade agreements; and if she will make a statement.

Answered by Ranil Jayawardena

The United Kingdom supports recent trends in Investor-State Dispute Settlement (ISDS) provisions that seek high ethical standards for arbitrators.

Arbitrators are bound by rules governing conflicts of interest and other ethical issues, such as impartiality. These can be set in trade agreements themselves, through the International Bar Association Guidelines on Conflicts of Interest in International Arbitration, and through the International Centre for Settlement of Investment Disputes Convention.

Should ISDS be included in a future trade agreement, the United Kingdom supports a modernised mechanism that takes account of this international best practice.