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

CETA: EU and Canada agree on new approach on investment in trade agreement
The European Commission and the Canadian Government have agreed to include a new approach on investment protection and investment dispute settlement in CETA.
Investment court system, ISDS in disguise: 10 reasons why the EU's proposal doesn't fix a flawed system
The European Commission has proposed a new ’Investment Court System’ to replace the current investor to state dispute settlement mechanism (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) and other future investment deals.
Canada re-opens investment talks with India
Canada’s government has officially re-opened negotiations with India over a bilateral investment treaty the two sides nearly agreed upon almost a decade ago.
The zombie ISDS
Rebranded as ICS, rights for corporations to sue states refuse to die.
Conciliation and arbitration law: Times of change in investment protection in Bolivia
Bolivia’s experience has shown that attracting foreign investment does not by itself generate the expected development for host states and that, rather, it consists in a mechanism for financing and transferring resources from the South to the North.
Negotiations kick off on a binding treaty on business and human rights
The UNGPs set out a three-pillar framework: the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for victims of business-related abuses.
The whole BIT
The revised model text for bilateral investment treaties has addressed many concerns, but to avoid litigations, India must renegotiate existing treaties on the basis of the new norms.
Opinion on the establishment of an investment tribunal in TTIP
The German Magistrates Association rejects the proposal of the European Commission to establish an investment court within the framework of the Transatlantic Trade and Investment Partnership.
India’s new BIT and arbitration law send mixed signals to foreign investors
India’s new model BIT text follows the trend of divergent approaches to investment treaty-making by focusing on a more defensive-minded strategy than in its prior treaties.
South America forms alternative to free trade kangaroo courts
Experts from UNASUR met in the Uruguayan capital Montevideo in order to finalize and sign agreements regarding the proposed center for investigation of international settlement dispute cases.