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

Reply to the European Commission’s Public consultation on a multilateral reform of investment dispute resolution
The consultation was a missed opportunity for the Commission to obtain valuable inputs toward multilateral reform of investment dispute resolution in the best interest of Europeans and the international community.
South Africa: Draft regulations on mediation rules for investor-state disputes
Since 2012, South Africa, dissatisfied with its bilateral investment treaties (BITs), has either been terminating or non-renewing several of these.
India refuses to accede to European Union requests; post-March, investors to have no legal cover
Fresh investments by European companies in India and vice versa after April 1 won’t enjoy legal protection under any bilateral arrangement, as India has decided not to accede to requests by the European Union.
The past, present and future of international investment arbitration in Thailand
This paper offers the first detailed English-language analysis of international investment arbitration law and practice in Thailand.
Investment arbitration: a strange beast
The criticism of ‘double hat’ – arbitrator and counsel – is legitimate and needs to be addressed.
India should hold firm against the European efforts to undermine its new model Bilateral Investment Treaty
In the transition to its new approach to investor protection, India has sought to terminate its existing BITs with individual EU Members. Now the European Commission is pressuring India to extend those existing treaties.
S2B position on the European Commission proposal for a multilateral ISDS mechanism
Globalisation is at a dangerous crossroads. One path leads to regained policy-space for governments to address climate change, inequality and other pressing issues of our times. The other leads to more rights for corporations to bully decision-makers.
No more mining - Reflections from Pacific Rim Cayman v El Salvador (ICSID)
Pac Rim Cayman raises interesting jurisdictional issues as well as environmental and social justice issues in the context of resource development in developing countries.
India, Canada talk on investment pact, no consensus on dispute mechanism yet
A successful conclusion of FIPA will provide a much-needed cover for Canadian investments in India and vice versa, and is expected to be an important catalyst in translating the announcements into reality.