ISDS reform

Tweaked versions of the investor-state dispute settlement (ISDS) mechanism being proposed to avoid the most controversial aspects of regular forms of ISDS

2025 in review: ISDS reforms in review
2025 advanced the Working Group's investor-State dispute settlement (“ISDS”) reform agenda mainly by reviewing draft provisions.
From COP30 to COP31: Opportunities to advance global ISDS reform
Fossil fuel investors are increasingly using ISDS to challenge climate mitigation measures and seek significant compensation. This legal risk can delay climate ambition and drain public finances needed for the transition.
Institutional innovation in investment treaties: The India-EFTA TEPA model and alternative frameworks for dispute prevention
TEPA addresses fundamental conflicts of emerging market investment structures. The agreement will enable India to escape the ISDS 2015 liability trap, balancing defensive provisions with a pro-investor focus.
Kyrgyzstan introduces new multi-tier dispute settlement mechanism in Investment Law 2025
This approach is unlikely to achieve the intended effect on ISDS clauses in Kyrgyzstan’s BITs unless these clauses are explicitly contingent upon domestic law.
The sound and fury of Venezuela’s ICSID denunciation
If the Venezuela experience is any indication, denouncing the ICSID Convention by itself will not provide much satisfaction.
OIC nations' need for fairer investor-state dispute reforms
UN prepares for key ISDS reforms, OIC countries strive for balance between investor protection and sovereignty.
Reassessing consent in counterclaims: rebalancing investment protection and public interest under the UNCITRAL ISDS reform
One of the most notable proposals identifies an investor’s initiation of arbitration as implied consent to a tribunal’s jurisdiction over counterclaims.
Argentina in the maze of international arbitration: a record number of arbitration claims and new concessions for investors
For over 20 years, Argentina had the world’s highest number of investor claims before international arbitration tribunals. It also has the highest number of bilateral investment treaties in force in Latin America and the Caribbean.
The constitutional shield: how Colombia’s judiciary shapes investment treaties through joint interpretation
This policy brief examines an innovative judicial approach by the Colombian Constitutional Court in response to an increase in investor-state dispute settlement (ISDS) claims.
OIC member states move to modernize investment agreement
Held the first meeting of the Contracting Parties to the Agreement on Promotion, Protection and Guarantee of Investments.