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
How international investment treaties could promote more responsible investment and argues that, while some innovative practices are emerging, there is still much to do.
The government of Pakistan would not be made liable for private investor disputes. Alternative dispute resolution mediation would be made compulsory, while foreign arbitrators would be decided in advance through consensus.
The European Commission’s plans for a Multilateral Investment Court sanctions a biased and ineffective arbitration system, leaving people and the environment exposed to international investors’ whims.
Today, a considerable number of claims arise from the commitment to accord fair and equitable treatment (FET) to covered investments.
The goal of Foreign Affairs Minister Chrystia Freeland is to revamp Chapter 11 so it more closely mirrors the investor-state dispute-resolution mechanism that forms part of the 2016 Canada-European Union trade deal.
The inclusion of Investor-State Dispute Settlement (ISDS) in trade and investment agreements has become subject to increased public scrutiny and questioning.
The Protocol draws significantly on the Brazilian model investment agreement, which stands out for departing from the traditional design of Bilateral Investment Treaties, particularly by excluding the possibility of investor-State dispute settlement (ISDS).
Belgium has requested an opinion from the European Court of Justice on the 'Investment Court System' included in the EU-Canada trade deal, to determine if the ICS is compatible with the European Treaties
The data lead to the inexorable conclusion that the European Commission's declaration that “investment treaty arbitration is dead” is wrong by a ratio of over 1:3,000.
A number of the provisions of the new legislation are inconsistent with the protections afforded to qualifying investors under agreements such as bilateral investment treaties.
