ISDS Case Map
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
The treaty is also a direct opposite of the Investor State Dispute Settlement mechanisms adopted in trade deals, as they expand the powers of transnational corporations.
Existing arrangements for third parties to participate in investor-state dispute settlement (ISDS) are not designed to protect people whose rights and interests are directly at stake.
Tanzania has embarked on process of regulation of its foreign investment regime by enacting legislation, which exclude international arbitration.
The EU and its Member States submitted two papers to the UN Working Group under the United Nations Commission on International Trade Law (UNCITRAL).
If the European Court of Justice applied in Opinion 1/17 the same test it used in Achmea, it would probably conclude that the CETA tribunal is not compatible with EU law.
UNCITRAL Working Group III met in Vienna from October 29 to November 2, 2018 and decided that multilateral reform is desirable to address various concerns regarding ISDS.
New briefing explores potential sources of inconsistency in ISDS, from divergent interpretations of provisions to decisions inconsistent with societal objectives, and the way forward.
The EU has proposed to reform the investor-state-dispute-settlement system, a move that could further complicate negotiations with China over a bilateral investment agreement, as well as their dialogue on the Belt and Road Initiative's implementation in Europe.
Since 2017, the country has shown a hostile attitude towards international arbitration.
Combined with the dispute settlement mechanism of international arbitration, investment treaties have been transformed intol "weapons of legal destruction."
