Topic: ISDS reform

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

Investor-state mediation under the spotlight

The use of mediation in investor-state dispute settlement was explored during the first virtual pre-intersessional meeting of UNCITRAL Working Group III, as the group starts to focus on specific ISDS reform options.

02 December 2020

Investors want arbitrator code of conduct, survey says

A survey on investor-state dispute settlement (ISDS) reforms released by Queen Mary University of London has found that investors support the introduction of a code of conduct for arbitrators – but not the creation of a multilateral investment court.

28 October 2020

An update on UNCITRAL's work on expedited rules and ISDS reform

The 2020 Virtual ITA-ASIL Conference took the form of an interview with UNCITRAL legal officer Corinne Montineri about the progress of Working Groups II and III in developing expedited arbitration rules and reforms to investor-state dispute settlement. Lucy Winnington-Ingram of Reed Smith in London reports.

11 September 2020

EU publishes proposals for ECT revamp

The European Commission has published its proposals for modernising the Energy Charter Treaty, which include a strengthening of states’ right to regulate, a new fair and equitable treatment standard and a ban on punitive damages.

28 May 2020

EU seeks feedback on investment protection regime

In the wake of most EU member states agreeing to terminate their intra-EU bilateral investment treaties, the European Commission is inviting feedback on the current framework for cross-border investment in the EU.

26 May 2020

ICSID and UNCITRAL unveil draft conduct code

ICSID and UNCITRAL have released a long-awaited draft code of conduct for adjudicators in investment disputes – including proposals on double hatting, limitations on the number of cases that can be heard simultaneously and sanctions for unethical behaviour.

01 May 2020

The pressing need for a European investment court

Paschalis Paschalidis, a former référendaire at the European Court of Justice who is now senior associate at Shearman & Sterling in Paris, argues the investor community should stop lamenting the imminent termination of intra-EU BITs and seize the opportunity to push for the creation of a European investment court.

10 February 2020

Negotiations for ECT revamp to begin soon

Negotiations will begin next month on the modernisation of the Energy Charter Treaty following wide-ranging proposals for reform by its signatories.

14 November 2019

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