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

Climate change in investor state arbitration: ideas on application ex officio and transnational public policy
Climate change is a serious threat to humankind and arbitration could play a key role in this era.
Rethinking investment treaties to advance human rights
There is considerable room to rethink substantive norms and dispute settlement arrangements.
SA needs to address its investment image
Cabinet’s endorsement of the draft International Arbitration Bill in April this year gave a welcome indication that South Africa would soon provide investors with one of the essential tools for operating in the modern global economy.
Joint Interpretative Declaration on CETA: unpacking the “clarifications” on investment protection
The Joint Interpretative Declaration on the Comprehensive Economic and Trade Agreement (CETA) reaffirms that investors can bypass the domestic court systems and will enjoy ample rights without any obligations.
India trade talks heating up, but ex-envoy cautions: ‘we’ve been to the altar before’
The Liberals’ relative flexibility on investor-state dispute systems and the Temporary Foreign Worker Program, and an expected visit to India by the PM, may help to move talks along.
The UNASUR centre for the settlement of investment disputes and Venezuela: will both ever see the light at the end of the tunnel?
One of the objectives of the Union of South-American Nations (UNASUR) is the creation of a regional dispute settlement centre to replace the International Centre for the Settlement of Investment Disputes (ICSID).
The rising interest in the mediation of investment treaty disputes
Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation.
India to operationalize BIPA with Canada
On Canada's insistance, India is expected to sign a bilateral investment treaty (BIT) with Canada based on an old text, not its new model BIT. The old text contains contentious provisions such as the investor-state dispute settlement mechanism.
CETA - Trading away democracy
How CETA’s investor protection rules could result in a boom of investor claims against Canada and the EU.
How to fix the most controversial element of trade deals
Critics of the TPP rage against the Investor State Dispute Settlement system. Here's how to fix it.