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 undersigned organisations take the position that it is advisable to break away from the fundamentally flawed and increasingly controversial ISDS system.
South Africa’s new arbitration law came into force at the end of 2017. Now lawyers and clients alike will have to see if it lives up to its promises.
Evidence suggests that the inclusion of ISDS in investment treaties may not actually be effective, or optimally effective, while at the same time, ISDS imposes significant costs on the sustainable development objectives of states.
A new battle is taking shape on the world scene. It sees China and the West compete in affirming their respective investment standards around the globe.
Having cancelled investment treaties with about 50 foreign governments last year, India is struggling to convince some to accept new terms that make it harder to seek international arbitration for disputes
As the turbulence in the global economy and backlash against neoliberalism continues, opposition to the international investment regime and ISDS from the left seems destined to grow.
More than 300 experts, including high-level negotiators of international investment agreements and representatives from intergovernmental organizations, civil society, academia and the private sector convened in Geneva.
More than 40 governments met as part of a working group of the UN Commission on International Trade Law (UNCITRAL) to discuss reforms to the investor-state dispute settlement system.
The investment treaty system is likely to be marked by the co-existence of investor-state arbitration and an international investment court, leading to pluralism rather than a dichotomous either/or choice or a clear before-and-after moment.
This Working Group was not “business as usual” because it was much more government-led than is typical of UNCITRAL Working Groups and it started out with a vote instead of conforming to UNCITRAL’s typical approach of working by consensus.
