ISDS Case Map
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
The initiative is aimed at exploring “how the investment treaties of tomorrow could help address these challenges and how to deal with existing agreements in a pragmatic way.”
UNCITRAL WGIII will reconvene from September 5 to 16, 2022, at its 43rd formal session.
The question is whether states wish to cede a significant portion of their sovereignty to ISDS tribunals, giving them the authority to decide which state measures taken in the public interest are legitimate.
Existing investment treaties do not and cannot advance climate goals.
It is perfectly possible to withdraw from trade deals containing corporate courts, as former South African trade minister Rob Davies explains.
A recent report by the Standing Committee on External Affairs shows how there are two missing pieces to the puzzle.
The EU Commission has launched infringement proceedings against seven member states over their failure to end intra-bilateral investments agreements.
India's steps to better protect itself hasn't curbed the appetite of foreign investors, suggesting that the perceived correlation between FDI and robust investor protection is overstated.
Under the new template, federal government would not be liable for private investor disputes. Mediation would be made compulsory, while foreign arbitrators would be decided in advance through consensus.
