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

PMO asks commerce min to examine model text of bilateral investment treaty
India's Prime Minister's Office (PMO) has asked the commerce ministry to examine the model text of the bilateral investment treaty and suggest modifications to further improve the ease of doing business.
UNCITRAL adopts a new code of conduct for arbitrators in international investment dispute resolution
Although a universal and uniform framework regulating arbitrators’ conduct is useful, its impact may be limited due to limited implementation prospects and the absence of punitive measures.
Investor–state dispute settlement and fossil fuels: What role for a carveout?
The proposal of a carveout emerges as a targeted damage control measure to address the recognized and urgent problem that ISDS poses to climate action.
Pakistan agrees to new ISDS provisions, despite previous policy to terminate ISDS agreements
Pakistan’s previous policy, initiated in 2021, sought to terminate its bilateral investment treaties to avoid further ISDS cases by international investors.
Islamabad accepts Riyadh-Doha term to allow international arbitration incase of dispute
Pakistan has negotiated to include a graduated approach for settlement of investment disputes between the state and investors.
European Commission publishes model BIT clauses between EU member states and third countries
In September 2023, the European Commission has unveiled a non-paper presenting model clauses for BITs between EU member states and third countries.
Human rights obligations in investor-state disputes
Without a mandatory and uniform standard on the human rights obligations of investors in investment law, any change in international investment arbitration may be incremental.
UNCITRAL and ISDS reform: Lifelong learning
Our frequent inability to answer even basic questions about the full universe is a salutary reminder that we know less than is ideal about investor-state dispute settlement (ISDS).
India-UK FTA: Efforts on to also finalise dispute settlement in investment pact
Full-throttle efforts are being made to ensure India-UK FTA and BIT, get finalised simultaneously.
Global dispute settlement, India and appellate review
Since India’s quest has been to establish a rule-based global order, its support for an appellate review will ensure more state and investor confidence in international investment law.