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

Letter from Africa CSOs and trade unions to African delegates at the UNCITRAL round
We civil society organizations and trade unions from the African continent express our concerns about the proposal presented by the European Union to establish a multilateral investment court and support further reaching reforms of ISDS.
ISDS reform: Designing permanent institutions at Working Group III
The UNCITRAL Working Group III turned squarely to designing permanent institutions: a standing appellate mechanism and a multilateral investment court (MIC).
The US drops ISDS
The US government used to be the chief proponent of strong investor protection clauses in international trade deals. No longer. What happened?
Modernizing the Energy Charter Treaty: A make-or-break moment for sustainable, climate-friendly energy policy
In investor–state dispute settlement (ISDS), ironies do occasionally occur. Sometimes they’re bitter. Sometimes they’re carbon-intensive. Sometimes they’re radioactive.
Environmental injustice: How treaties undermine the right to a healthy environment
Global investment governance needs to be redesigned for the 21st century, with people and the planet at the core.
UNCITRAL and ISDS reform: Visualising a flexible framework
In the end, states have the power to decide collectively what reforms to pursue, in what order and in what form. Individually, they will also have choice about which particular reform options to adopt.
UNCITRAL and ISDS reform: In sickness and in health
This process is likely to end with a plural solution in which both models (ISDS and a permanent court), and possibly others, exist.
UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform
Several states participating in the UNCITRAL process have already adopted viable alternatives to ISDS.
Commission presents procedural proposals for the Investment Court System in CETA
The European Commission today presented to the Council four proposals for specific rules putting in place the Investment Court System provisions in the EU-Canada trade deal.
The African Continental Free Trade Area and investor-state arbitration: What can investors expect and why?
Should AfCFTA member states opt for an ISDS mechanism, a reformed mechanism should be expected.