Topic: ISDS reform

“Regulatory chill” of ISDS stalling fight against global warming, says report

A new UN report that says action is needed “now or never” to avoid disastrous global warming has warned that investment agreements may be causing a “regulatory chill” delaying countries from phasing out fossil fuels.

08 April 2022

German constitutional court upholds provisional application of CETA

Germany’s Federal Constitutional Court has rejected several challenges to the provisional application of a controversial free trade agreement between the EU and Canada.

16 March 2022

New study examines tension between ECT and climate law

States’ obligations under the Energy Charter Treaty are potentially in conflict with those under international climate law, and arbitrators may have to integrate the two or decide that “one trumps the other”, according to a new study.

14 March 2022

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

Get unlimited access to all Global Arbitration Review content