Topic: ISDS reform

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

ICSID unveils third draft of rule changes

ICSID has published the third draft of proposed amendments to its procedural rules following consultation with states and the public over the past year – with further changes to provisions on transparency, security for costs and third-party funders.

19 August 2019

EU Commission seeks mandate to modernise ECT

The European Commission has sought a mandate to negotiate the modernisation of “outdated” investment protection provisions in the Energy Charter Treaty – with the aim of minimising the number of investor claims over legitimate public policy measures.

15 May 2019

EU-Canada investment court gets green light

The Court of Justice of the European Union has ruled that the investor-state dispute settlement mechanism in the EU-Canada free trade agreement known as CETA – including provisions for an “investment court system” – is compatible with EU law.

30 April 2019

Swedish court won’t consult ECJ on ECT

A Swedish court considering whether to annul a €53 million Energy Charter Treaty award against Spain has refused to seek a preliminary ruling from the European Court of Justice on the treaty’s applicability in intra-EU investment disputes.

26 April 2019

ICSID releases updated rule proposals

Following a public consultation, ICSID has published a second draft of its proposed amendments to the centre’s rules, including new provisions on third-party funding, arbitrator disqualifications and expedited proceedings.

18 March 2019

IBA committee publishes report on ISDS reform

The International Bar Association’s subcommittee on investment treaty arbitration has released a long-awaited report proposing solutions aimed at improving its consistency, efficiency and transparency and weighing up the idea of replacing it with a permanent investment court.

03 December 2018

UNCITRAL working group to move focus to reforms

After a year identifying concerns about the investor state dispute settlement in its current form, UNCITRAL’s Working Group III has agreed to proceed to the reform of the system in what one commentator has called “a watershed moment.”

05 November 2018

ICSID unveils draft of new rules

The International Centre for the Settlement of Investment Disputes has unveiled proposals for what it calls the most far-reaching amendments to its rules in over 50 years – including new provisions on transparency, arbitrator disclosure, security for costs and third-party funding.

03 August 2018

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