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

UNCITRAL deliberates possible reform of investor-State dispute settlement
Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) began its deliberation on possible reform of investor-State dispute settlement (ISDS).
World court for corporations is a “wolf in sheep’s clothing” – new report exposes dangers of proposed multilateral investment court
A new report released today warns that the European Commission’s proposed Multilateral Investment Court threatens to lock in an undemocratic investor-state dispute settlement scheme that undermines national democratic authority.
The Multilateral Investment Court locking in ISDS
Ten reasons why the EU’s proposal for a Multilateral Investment Court doesn’t fix a fundamentally flawed system.
Top German judges slam EU plans to create global court to enforce corporate sovereignty
The MIC would be able to create what amount to global laws, without any democratic input or scrutiny.
Richterbund statement on multilateral investment court system
English translation of the German Association of Judges opinion on the proposal for the Multilateral Investment Court system (MIC).
The "Ardern Clause" in TPP: A novel approach to curbing investment-state dispute settlement
New Zealand's new Prime Minister, Jacinda Ardern, is on the record as stating that investor-state dispute settlement (ISDS) must not be a part of any future trade agreements signed by New Zealand.
Will 2018 mark a tipping point for binding investor-state arbitration?
2018 seems a crucial year for both opponents and proponents of investor-state arbitration to make their respective cases to maintain, reform, or abandon today’s ISDS system.
NZ ambassadors pushing for ISDS change
The Government is enlisting its ambassadors in a last-minute bid to win changes to the TPP’s controversial investment clauses, Trade and Export Growth Minister David Parker says.
A court to fix all investor-state rows?
Hit by disputes with Vodafone and Cairn Energy, India welcomes plan for a World Court but flags legal, practical challenges.
South Africa: How safe for investment?
The Protection of Investment Act affords foreign investors no protections beyond domestic law, and pointedly disavows investor-state international arbitration. The SADC Protocol was also amended by the SADC Summit of heads of state and government.