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

Bolivia’s step back in state arbitration
How far does the new Bolivian arbitration act go in its intent to keep State arbitration inside the country?
Nigeria and Morocco move towards a “new generation” of bilateral investment treaties
The treaty is an important attempt by two developing countries to move toward a new generation of BITs fully aligned with the evolution of international law.
Is international investment law moving the ball forward on IHRL obligations for business enterprises?
While the debate on the treaty regulating business impact on human rights is likely to continue for a while longer, some recent developments in international investment law seem to be moving forward on international human rights law obligations for businesses
Withdrawal from investment treaties: An omen for waning investor protection in Asia-Pacific?
While India and Indonesia may have withdrawn from existing BITs, this does not necessarily leave foreign investors without any protection.
ISDS is unsuited to meet today’s global challenges
The growing number of investor claims against sovereign host states has fuelled a backlash against bilateral investment treaties and free-trade agreements across the world.
Is it time to redesign or terminate investor-state arbitration?
A clean break is needed to restore trust, but these stiff tests must be met.
India’s bilateral investment pacts under cloud
Most have expired; partners unwilling to renew them under Finance Ministry’s model draft
International investment law and arbitration: a conceptual framework
Investor-state dispute settlement (ISDS) has become the most controversial form of international litigation.
Place of arbitration in the proposed “investment court” scenario: an overlooked issue?
The place of arbitration matters because the law at the place of arbitration determines the procedural frame for the arbitration and therefore may have important consequences.
The settlement of investment disputes: A discussion of democratic accountability and the public interest
Settlements raise threats to principles of good governance, including government accountability, respect for the rule of law, transparency, and respect for citizens’ rights and interests.