Topic: ISDS reform

ISDS: “reform in the air”

At a virtual event, ICSID secretary-general Meg Kinnear addressed the future of ISDS and said the predicted “deluge” of investor-state claims relating to the covid-19 pandemic has not occurred. Rob Houston of K&L Gates Straits Law and Hena Sial and Lauren Sandground of K&L Gates report.

29 November 2021

Dismantling intra-EU investment arbitration: an opportunity for London

The EU is undermining the rule of law by systemically dismantling the investment treaty arbitration system between member states but this represents a “unique opportunity” for London, said panellists at GAR Live London.

11 November 2021

Damages and costs in investment treaty arbitration studied for a third time

As UNCITRAL draws closer to formulating recommendations for ISDS reform, Allen & Overy partner Matthew Hodgson has updated his study of damages and costs in investment treaty arbitration, confirming that tribunals are giving these issues greater attention even as costs incurred by claimants and respondents have dropped.

03 June 2021

UNCITRAL publishes proposals to reform funding of ISDS

UNCITRAL has published proposals for reforming the use of third-party funding in investor-state dispute settlement – including models for regulation, a code of conduct, disclosure requirements and potential sanctions.

27 May 2021

Peru's presidential frontrunner proposes ditching ICSID

Peruvian presidential frontrunner Pedro Castillo has pledged to withdraw the country from ICSID and other ISDS mechanisms and create a new regional arbitration centre for South American nations if he wins a runoff vote in June.

07 May 2021

ECJ adviser appears to favour contract-based ISDS

An advocate general of the European Court of Justice has advised that individual arbitration agreements between EU investors and member states are compatible with EU law – but only if final awards are subject to “comprehensive review” by member states' courts.

22 April 2021

Born startles with reference to Nazi history

The latest EFILA conference looked at the resurgent role of states in arbitration, with a keynote speech by Gary Born provoking discussion by asking whether the current criticism of investor-state dispute settlement and support for a multilateral investment court has parallels with the Nazis' quelling of arbitration in Germany in the 1930s.

15 March 2021

How states are flexing their muscles in ISDS

States are progressively flexing their muscles and seeking to regain the primary role in the investment law-making and dispute resolution processes, said Loukas Mistelis at the latest EFILA conference.

15 March 2021

EU and Canada pave way for CETA investment court

The EU and Canada have adopted a set of rules that will allow the permanent investment court in the EU-Canada Comprehensive Economic and Trade Agreement (CETA) to become operational as soon as the treaty is ratified.

01 February 2021

Mistelis calls for Aristotelean approach to ISDS reform

In a recent lecture, Loukas Mistelis of Queen Mary University of London addressed investors' perceptions of investor-state dispute settlement and lived up to his Greek heritage by advocating an "Aristotelean moral philosophical approach" to ISDS.

18 December 2020

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