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

Energy transition calls for faster investment treaty reforms
UNCTAD presents a new toolbox to make international investment agreements actively support the shift from fossil fuels to renewable energy sources.
India UK bilateral investment treaty likely to be finalised soon, to differ from 2016 model
As India and the UK inch closer towards finalising a free trade agreement, the contours of the much-debated and contentious bilateral investment treaty are likely to be finalised around the same time as the FTA.
India’s experience with investment treaty disputes and related damages
The experience with investor-state dispute settlement mechanisms has been mixed, with India facing several adverse awards and financial compensation in certain high-profile cases.
India, EU disagree over dispute settlement in proposed investment protection pact
New Delhi insists on 'exhaustion of local remedies' clause but Brussels wants investor court system.
Deconstructing India’s evolving approach toward international investment agreements
If India’s approach and engagement with international investment agreements can be distinguished into phases, with the new agreements being negotiated and concluded, India is poised to enter a new phase.
Zooming in on the Investment Protocol to the AfCFTA: a new era for investment disputes across Africa?
State parties consider whether to turn to traditional methods of investment dispute settlement mechanisms or more innovative solutions, such as an African investment court.
Uncitral Working Group III reaches notable milestones in recent New York meeting
United Nations Commission on International Trade Law ("UNCITRAL" or "Commission") Working Group III finalized provisions on the use of mediation in ISDS.
Albania moves to establish local arbitration court to replace ICSID
Despite warnings that it could deter investment, Albania is pushing ahead with plans to establish a local commercial court to replace the World Bank-funded international arbitration body.
UNCITRAL working group III completes a draft code of conduct for arbitrators
The working group completed its work on a draft code of conduct for arbitrators in international investment dispute resolution.
Report: Evaluating the Proposed Joint Interpretation of the Comprehensive Economic and Trade Agreement (CETA)
This report analyzes the proposed interpretive guidance on the Investment Chapter of the Comprehensive Economic and Trade agreement (CETA) between Canada and the European Union.